United States v. Tweed

50 F. App'x 637

Opinion

PER CURIAM.

Robert Paul Tweed seeks to appeal the district court’s order denying relief on his motion filed under Fed.R.Civ.P. 60(b) and construed by the district court as a successive 28 U.S.C. § 2255 (2000). We have reviewed the record and conclude the district court properly construed Tweed’s action, styled as an “Independent Action,” as a successive § 2255 motion. For the reasons stated by the district court, we conclude that Tweed has not made a substantial showing of the denial of a constitutional right. See United States v. Tweed, Nos. CR-94-11-V; CA-02-86-5-1-V (W.D.N.C. July 81, 2002). Accordingly, we deny a certificate of appealability and dismiss the appeal. See 28 U.S.C. § 2258(c) (2000). 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.