UNITED STATES OF AMERICA v. BILLY MCCULLERS JR (2017)

United States Court of Appeals, Fourth Circuit.

UNITED STATES OF AMERICA, Plaintiff – Appellee, v. BILLY R. MCCULLERS, JR., Defendant - Appellant.

No. 16-7131

Decided: January 19, 2017

Before NIEMEYER, TRAXLER, and KING, Circuit Judges.

Billy R. McCullers, Jr., Appellant Pro Se. Melissa Elaine O'Boyle, Assistant United States Attorney, Norfolk, Virginia; Howard Jacob Zlotnick, Assistant United States Attorney, Newport News, Virginia, for Appellee.

Billy R. McCullers, Jr., appeals from the district court's margin order denying his motion filed in his criminal case under Fed R. Civ. P. 15(c)(2) to relate back a new claim to his previously adjudicated and denied 28 U.S.C. § 2255 (2012) motion. We have reviewed the record and find no reversible error. Accordingly, we affirm the district court's order. United States v. McCullers, No. 4:07-cr-00049-RBS-JEB-1 (E.D. Va. Aug. 12, 2016). 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

PER CURIAM:

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