United States v. Milton

32 F. App'x 103

• Court: Court of Appeals for the Fourth Circuit
• Decided: April 12, 2002
• Docket: 01-7813
• Status: Unpublished

Opinion

PER CURIAM.

Gregory Allen Milton seeks to appeal the district court’s orders denying his motion filed under 28 U.S.C.A. § 2255 (West Supp.2001), denying a subsequent motion for reconsideration, and denying his motion for a certificate of appealability. * We have reviewed the record and the district court’s opinion and find no reversible er ror. Accordingly, we deny Milton’s motion to place his appeal in abeyance, deny a certificate of appealability, and dismiss the appeal on the reasoning of the district court. See United States v. Milton, Nos. CA-95-74; CA-00-31-7 (W.D.Va. Aug. 1, 2001; Aug. 30, 2001). 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.

DISMISSED.

* Milton appeals the denial of his motion for a certificate of appealability by a magistrate judge, correctly noting that the magistrate judge was without authority to enter a final order disposing of his motion. See 28 U.S.C.A. § 636 (West 1993 & Supp.2001). While the magistrate judge lacked jurisdiction to enter a final order on this post-judgment motion, we find relief is not warranted, as we have considered Milton’s motion for a certificate of appealability and determined it to be without merit. See Fed. R.App. P. 22(b)(2).