Tony A. Hawkins v. Walker, No. CA-01-161-5-2-MU W.D.N.C. May 10, 2004 . We grant Hawkins’ motion to…

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 04-6894
TONY A. HAWKINS,
Petitioner - Appellant,
versus
SIDNEY HARKLEROAD,
Respondent - Appellee,
and
DEAN R. WALKER,
Respondent.
Appeal from the United States District Court for the Western
District of North Carolina, at Statesville. Graham C. Mullen,
Chief District Judge. (CA-01-161-5-2-MU)
Submitted: November 24, 2004 Decided: January 3, 2005
Before TRAXLER, KING, and GREGORY, Circuit Judges.
Affirmed by unpublished per curiam opinion.
Tony A. Hawkins, Appellant Pro Se. Clarence Joe DelForge, III,
NORTH CAROLINA DEPARTMENT OF JUSTICE, Raleigh, North Carolina, for
Appellee.

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Unpublished opinions are not binding precedent in this circuit.
See Local Rule 36(c).

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*To the extent that Hawkins’ motion could have been construed
as a motion under Fed. R. Civ. P. 60(b), we note he did not satisfy
the criteria for relief under that rule. Further, to the extent
Hawkins’ appeal could be construed as a motion seeking
authorization under 28 U.S.C. § 2244 (2000) to file a successive 28
U.S.C. § 2254 (2000) petition, Hawkins failed to demonstrate he is
entitled to such authorization.
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PER CURIAM:
Tony A. Hawkins appeals the district court’s order
denying his motion he labeled as filed under Rule 61 of the Federal
Rules of Civil Procedure. We have reviewed the record and find no
reversible error. Accordingly, we affirm for the reasons stated by
the district court. * See Hawkins v. Walker, No. CA-01-161-5-2-MU
(W.D.N.C. May 10, 2004). We grant Hawkins’ motion to proceed in
forma pauperis on appeal. 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.
AFFIRMED

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