Pitt v. Stansberry

• Court: Court of Appeals for the Fourth Circuit
• Decided: May 26, 2005
• Docket: 05-6438
• Status: Unpublished

Opinion

UNPUBLISHED

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 05-6438

MARK PITT,

Petitioner - Appellant,

versus

PATRICIA R. STANSBERRY, Warden,

Respondent - Appellee.

Appeal from the United States District Court for the Eastern District of North Carolina, at Raleigh. Malcolm J. Howard, District Judge. (CA-04-591-5-H)

Submitted: May 19, 2005 Decided: May 26, 2005

Before LUTTIG, MOTZ, and GREGORY, Circuit Judges.

Affirmed by unpublished per curiam opinion.

Mark Pitt, Appellant Pro Se.

Unpublished opinions are not binding precedent in this circuit. See Local Rule 36(c). PER CURIAM:

Mark Pitt, a federal prisoner, seeks to appeal the

district court’s orders denying relief on his petition filed under

28 U.S.C. § 2241 (2000) and two subsequent motions to alter or

amend the judgment. We have reviewed the record and find no

reversible error. Accordingly, while we grant Pitt’s motion to

file a formal brief, we affirm on the ground that Pitt’s petition

is properly characterized as an unauthorized successive 28 U.S.C.

§ 2255 (2000) motion. We dispense with oral argument because the

facts and legal contentions are adequately presented in the

materials before the court and argument would not aid the

decisional process.

AFFIRMED

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