UNITED STATES of America, Plaintiff - Appellee, v. Donald WARDRICK, Defendant - Appellant.
Decided: April 09, 2019
Before NIEMEYER and HARRIS, Circuit Judges, and SHEDD, Senior Circuit Judge.
Donald Wardrick, Appellant Pro Se.
Donald Wardrick appeals the district court's order denying relief on his motion for clarification. We have reviewed the record and find no reversible error. Our review of Wardrick's motion for clarification reveals that it is more appropriately characterized as a 28 U.S.C. § 2255 (2012) motion. Because Wardrick has already filed at least one § 2255 motion that was addressed on the merits, he may not file another one without obtaining leave from this court pursuant to 28 U.S.C. § 2244 (2012). Accordingly, we affirm the district court's denial of Wardrick's motion and modify the judgment to reflect that the denial is without prejudice to Wardrick's right to file a § 2244 motion in this court for leave to file a successive § 2255 motion.* 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 AS MODIFIED
FOOTNOTE. We express no opinion as to the merits of any such motion.
Affirmed as modified by unpublished per curiam opinion.
Unpublished opinions are not binding precedent in this circuit.
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