United States v. Morris

Opinion

UNPUBLISHED

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 98-7795

UNITED STATES OF AMERICA,

Plaintiff - Appellee,

versus

JAMES T. MORRIS,

Defendant - Appellant.

Appeal from the United States District Court for the Southern Dis- trict of West Virginia, at Charleston. Charles H. Haden II, Chief District Judge. (CR-96-173, CA-98-5-2)

Submitted: February 11, 1999 Decided: February 25, 1999

Before ERVIN, NIEMEYER, and TRAXLER, Circuit Judges.

Dismissed by unpublished per curiam opinion.

James T. Morris, Appellant Pro Se. Michael Lee Keller, OFFICE OF THE UNITED STATES ATTORNEY, Charleston, West Virginia, for Appellee.

Unpublished opinions are not binding precedent in this circuit.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

James T. Morris seeks to appeal the district court’s order

denying his motion for reconsideration of the court’s denial of his

motion filed under 28 U.S.C.A. § 2255 (West 1994 & Supp. 1998). We

have reviewed the record and the district court’s order and find

the appeal is frivolous. Accordingly, we deny a certificate of

appealability and dismiss the appeal on the reasoning of the

district court as explained in its order denying leave to appeal in

forma pauperis. United States v. Morris, No. CR-96-173; CA-98-5-2

(S.D.W. Va. Dec. 9, 1998). We also deny Appellant’s motion seeking

in forma pauperis status. We dispense with oral argument because

the facts and legal contentions are adequately presented in the ma-

terials before the court and argument would not aid the decisional

process.

DISMISSED