United States v. Harris ( 2008 )

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 08-6946
UNITED STATES OF AMERICA,
Plaintiff – Appellee,
v.
CALVIN LAMONT HARRIS,
Defendant – Appellant.
Appeal from the United States District Court for the Eastern
District of Virginia, at Richmond. Richard L. Williams, Senior
District Judge. (3:05-cr-00425-RLW-1)
Submitted: November 7, 2008 Decided: December 22, 2008
Before WILKINSON and MICHAEL, Circuit Judges, and HAMILTON,
Senior Circuit Judge.
Affirmed by unpublished per curiam opinion.
Calvin Lamont Harris, Appellant Pro Se. Olivia N. Hawkins,
OFFICE OF THE UNITED STATES ATTORNEY, Richmond, Virginia, for
Appellee.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
Calvin Lamont Harris seeks to appeal the district
court’s orders denying his motions to extend the time to file a
motion under 28 U.S.C.A. § 2255 (West Supp. 2008). We affirm.
Because Harris had not filed a § 2255 motion and his
motion for an extension of time to file did not raise any
potential grounds for relief, the district court lacked
jurisdiction to consider the motion. See Green v. United
States, 260 F.3d 78, 82-83 (2d Cir. 2001); United States
v. Leon, 203 F.3d 162, 163-64 (2d Cir. 2000).
We therefore affirm the district court’s denial of
relief. 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.
AFFIRMED
2