Edghill Leo Francis v. JOSEPH BROOKS, Warden

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 02-6704
EDGHILL LEO FRANCIS,
Petitioner - Appellant,
versus
JOSEPH BROOKS, Warden,
Respondent - Appellee.
Appeal from the United States District Court for the Eastern
District of Virginia, at Alexandria. Leonie M. Brinkema, District
Judge. (CA-02-428-AM)
Submitted: January 16, 2003 Decided: February 3, 2003
Before WILLIAMS, KING, and GREGORY, Circuit Judges.
Dismissed by unpublished per curiam opinion.
Edghill Leo Francis, Appellant Pro Se.
Unpublished opinions are not binding precedent in this circuit.
See Local Rule 36(c).

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PER CURIAM:
Edghill Leo Francis seeks to appeal the district court’s order
construing his 28 U.S.C. § 2241 (2000) petition as a motion arising
under 28 U.S.C. § 2255 (2000), and dismissing it without prejudice.
We have reviewed the record and agree with the district court that
the claims Francis seeks to raise cannot be pursued under § 2241.
Because Francis has previously filed a motion seeking relief under
§ 2255, see United States v. Francis, No. 99-6042, 1999 WL 147849
(4th Cir. Mar. 18, 1999) (unpublished), however, he must seek
authorization from this Court under 28 U.S.C. § 2244 (2000) prior
to filing a successive motion under § 2255. Because Francis has not
received this authorization, the district court properly dismissed
his motion without prejudice. Accordingly, we deny a certificate
of appealability and dismiss the appeal. See 28 U.S.C. § 2253(c)
(2000). 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.
DISMISSED

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