United States of America v. Richard L. Bryant, a/k/a Pumpkin, a/k/a Rock

18-6679Court of Appeals for the Fourth CircuitOct 29, 2018

Full text

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 18-6679
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v.
RICHARD L. BRYANT, a/k/a Pumpkin, a/k/a Rock,
Defendant - Appellant.
Appeal from the United States District Court for the Eastern District of Virginia, at
Norfolk. Rebecca Beach Smith, Chief District Judge. (2:92-cr-00088-6; 2:18-cv-00242-
RBS)
Submitted: October 18, 2018 Decided: October 29, 2018
Before NIEMEYER, DUNCAN, and WYNN, Circuit Judges.
Affirmed by unpublished per curiam opinion.
Richard L. Bryant, Appellant Pro Se.
Unpublished opinions are not binding precedent in this circuit.

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PER CURIAM:
Richard L. Bryant appeals the district court’s order construing his Fed. R. Civ. P.
60(b) motion as an unauthorized successive 28 U.S.C. § 2255 (2012) motion and
dismissing it for lack of jurisdiction. We have reviewed the record and find no reversible
error. Accordingly, we deny a certificate of appealability as unnecessary and affirm. See
United States v. McRae, 793 F.3d 392, 400 (4th Cir. 2015) (“[W]e need not issue a COA
before determining whether the district court erred in dismissing [a] purported Rule 60(b)
motion as an unauthorized successive habeas petition.”). 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

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