US v. Richard Bryant, No. 18-6679 (4th Cir. 2018)

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UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 18-6679 UNITED STATES OF AMERICA, Plaintiff - Appellee, v. RICHARD L. BRYANT, a/k/a Pumpkin, a/k/a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-00242RBS) 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 Affirmed by unpublished per curiam opinion.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 Unpublished opinions are not binding precedent in this circuit. 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 2