Damon Elliott v. Eric D. Wilson

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 15-7301
DAMON ELLIOTT,
Petitioner - Appellant,
v.
ERIC D. WILSON,
Respondent - Appellee.
No. 16-6501
DAMON ELLIOTT,
Petitioner - Appellant,
v.
ERIC D. WILSON,
Respondent - Appellee.
Appeals from the United States District Court for the Eastern
District of Virginia, at Alexandria. Liam O’Grady, District
Judge. (1:14-cv-00209-LO-JFA)
Submitted: September 27, 2016 Decided: September 28, 2016
Before SHEDD, DUNCAN, and DIAZ, Circuit Judges.

-- 1 of 3 --

2
Affirmed by unpublished per curiam opinion.
Damon Elliott, Appellant Pro Se.
Unpublished opinions are not binding precedent in this circuit.

-- 2 of 3 --

3
PER CURIAM:
In No. 15-7301, Damon Elliott, a federal inmate, appeals
the district court’s order construing his 28 U.S.C. § 2241
(2012) petition as a successive 28 U.S.C. § 2255 (2012) motion,
and denying relief on that basis. We remanded for the limited
purpose of permitting the district court to determine whether
Elliott’s notice of appeal should be construed as a motion to
reopen the appeal period, and if so, whether reopening was
merited. On remand, the district court granted Elliott’s motion
to reopen. In No. 16-6501, Elliott appeals this subsequent
order.
We have reviewed the record and find no reversible error.
Accordingly, we deny Elliott’s motion for the appointment of
counsel in No. 15-7301, grant his motions to proceed in forma
pauperis, and affirm for the reasons stated by the district
court. Elliott v. Wilson, No. 1:14-cv-00209-LO-JFA (E.D. Va.
filed Feb. 10, 2015 & entered Feb. 23, 2015; filed Mar. 14, 2016
& entered Mar. 15, 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

-- 3 of 3 --