United States v. Cobbs

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 02-6834
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
versus
JOHN LEE COBBS,
Defendant - Appellant.
Appeal from the United States District Court for the Eastern
District of Virginia, at Norfolk. Robert E. Payne, District Judge.
(CR-95-193)
Submitted: September 23, 2002 Decided: October 8, 2002
Before WILKINS, MOTZ, and TRAXLER, Circuit Judges.
Dismissed by unpublished per curiam opinion.
John Lee Cobbs, Appellant Pro Se. Laura P. Tayman, OFFICE OF THE
UNITED STATES ATTORNEY, Norfolk, Virginia, for Appellee.
Unpublished opinions are not binding precedent in this circuit.
See Local Rule 36(c).
PER CURIAM:
John Lee Cobbs appeals the district court’s order dismissing
without prejudice his motion filed pursuant to 18 U.S.C.
§ 3742(a)(1) (2000). The district court properly construed this
action as a successive motion under 28 U.S.C. § 2255 (2000), and
dismissed the motion because Cobbs did not obtain authorization
from this court. See 28 U.S.C. § 2244(b)(3)(A) (2000). We have
reviewed the record and find no reversible error. Accordingly, we
deny leave to proceed in forma pauperis on appeal and dismiss on
the reasoning of the district court. See United States v. Cobbs,
No. CR-95-193 (E.D. Va. June 24, 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
2