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No. 05-6749
Appeal from the United States District Court for the Eastern
District of Virginia, at Newport News. Henry Coke Morgan, Jr.,
Senior District Judge. (CR-94-70)
Submitted:
Decided:
September 2, 2005
George Allen Ward, Appellant Pro Se. Robert Edward Bradenham, II,
Assistant United States Attorney, Newport News, Virginia, for
Appellee.
PER CURIAM:
George Allen Ward, a federal prisoner, seeks to appeal
the district courts order construing his motion to modify the term
of his imprisonment as a successive motion under 28 U.S.C. 2255
(2000), and dismissing it for lack of jurisdiction.
Ward also
appeals the courts order denying his motion filed under Fed. R.
Civ. P. 60(b).
28 U.S.C.
See Miller-El v.
Cockrell, 537 U.S. 322, 336-38 (2003); Slack v. McDaniel, 529 U.S.
473, 484 (2000); Rose v. Lee, 252 F.3d 676, 683-84 (4th Cir. 2001).
We have independently reviewed the record and conclude that Ward
has not made the requisite showing.
Accordingly, we deny a
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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