United States v. William White

Opinion

UNPUBLISHED

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 20-6241

UNITED STATES OF AMERICA,

Plaintiff - Appellee,

v.

WILLIAM A. WHITE,

Defendant - Appellant.

Appeal from the United States District Court for the Western District of Virginia, at Roanoke. Elizabeth Kay Dillon, District Judge. (7:08-cr-00054-EKD-1; 7:18-cv-81321- EKD-JCH)

Submitted: July 21, 2020 Decided: July 24, 2020

Before AGEE, DIAZ, and HARRIS, Circuit Judges.

Affirmed by unpublished per curiam opinion.

William A. White, Appellant Pro Se. Jennifer R. Bockhorst, Assistant United States Attorney, OFFICE OF THE UNITED STATES ATTORNEY, Abingdon, Virginia, for Appellee.

Unpublished opinions are not binding precedent in this circuit. PER CURIAM:

William A. White appeals from the portion of the district court’s order construing

his Fed. R. Civ. P. 60(b) motion for relief from judgment as an unauthorized, successive

28 U.S.C. § 2255 (2018) motion and dismissing it for lack of jurisdiction. * Our review of

the record confirms that the district court properly construed White’s Rule 60(b) motion as

a successive § 2255 motion over which it lacked jurisdiction because he failed to obtain

prefiling authorization from this court. See 28 U.S.C. §§ 2244(b)(3)(A), 2255(h) (2018);

McRae, 793 F.3d at 397-400. Accordingly, we affirm the district court’s order. We

dispense with oral argument because the facts and legal contentions are adequately

presented in the materials before this court and argument would not aid the decisional

process.

AFFIRMED

* A certificate of appealability is not required to appeal the district court’s jurisdictional categorization of a Rule 60(b) motion as an unauthorized, successive § 2255 motion. United States v. McRae, 793 F.3d 392, 400 (4th Cir. 2015).