United States v. Lewis , 51 F. App'x 478 ( 2002 )

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 02-7481
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
versus
ANDRE GERARD LEWIS,
Defendant - Appellant.
Appeal from the United States District Court for the Eastern
District of Virginia, at Richmond. Robert E. Payne, District Judge.
(CR-99-314, CA-01-88-3)
Submitted: November 21, 2002 Decided: December 4, 2002
Before NIEMEYER, WILLIAMS, and TRAXLER, Circuit Judges.
Dismissed by unpublished per curiam opinion.
Andre Gerard Lewis, Appellant Pro Se. John Staige Davis, V, OFFICE
OF THE UNITED STATES ATTORNEY, Richmond, Virginia, for Appellee.
Unpublished opinions are not binding precedent in this circuit.
See Local Rule 36(c).
PER CURIAM:
Andre Gerard Lewis appeals the district court’s order denying
without prejudice Lewis’ motion, styled as a motion to amend his 28
U.S.C. § 2255 (2000) motion, after construing it as an unauthorized
successive § 2255 motion. Lewis’ motion to amend is tantamount to
a successive § 2255 motion, for which Lewis must obtain
authorization from this court to file. Accordingly, we deny a
certificate of appealability and dismiss the appeal for the reasons
stated by the district court. See United States v. Lewis, Nos. CR-
99-134; CA-01-883 (E.D. Va. Sept. 26, 2002). 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
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