UNITED STATES v. EWING (2019)

United States Court of Appeals, Fourth Circuit.

UNITED STATES of America, Plaintiff-Appellee, v. Paul Alonzo EWING, Defendant-Appellant.

No. 18-7365

Decided: March 20, 2019

Before KING and AGEE, Circuit Judges, and HAMILTON, Senior Circuit Judge. Paul Alonzo Ewing, Appellant Pro Se.

Paul Alonzo Ewing appeals the district court's order construing his Fed. R. Civ. P. 60(d)(3) motion as an unauthorized 28 U.S.C. § 2255 (2012) motion and denying it for lack of jurisdiction. We have reviewed the record and find no reversible error. Accordingly, we affirm for the reasons stated by the district court, United States v. Ewing, No. 2:09-cr-00083-AWA-TEM-1 (E.D. Va. Sept. 17, 2018), but modify the order to reflect denial of Ewing's motion without prejudice. We deny a certificate of appealability as unnecessary and 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

PER CURIAM:

Affirmed as modified by unpublished per curiam opinion. Unpublished opinions are not binding precedent in this circuit.