Reliford v. Condon , 56 F. App'x 146 ( 2003 )


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  •                             UNPUBLISHED
    UNITED STATES COURT OF APPEALS
    FOR THE FOURTH CIRCUIT
    No. 02-7622
    EPHRAIN RELIFORD, JR.,
    Petitioner - Appellant,
    versus
    MICHAEL MOORE, Director; CHARLES M. CONDON,
    Respondents - Appellees.
    Appeal from the United States District Court for the District of
    South Carolina, at Columbia.    Joseph F. Anderson, Jr., Chief
    District Judge. (CA-98-142-3-17BC)
    Submitted:   February 6, 2003          Decided:     February 14, 2003
    Before WILKINS, MICHAEL, and SHEDD, Circuit Judges.
    Affirmed by unpublished per curiam opinion.
    Ephrain Reliford, Jr., Appellant Pro Se. Donald John Zelenka, Chief
    Deputy Attorney General, Columbia, South Carolina, for Appellees.
    Unpublished opinions are not binding precedent in this circuit.
    See Local Rule 36(c).
    PER CURIAM:
    Ehrain Reliford, Jr., appeals the district court’s order
    denying his Fed. R. Civ. P. 60(b) motion to reconsider its order
    denying relief on his petition filed under 
    28 U.S.C. § 2254
    (2000).*   We review the denial of a Rule 60(b) motion for abuse of
    discretion.   NOW v. Operation Rescue, 
    47 F.3d 667
    , 669 (4th Cir.
    1995). Because Reliford’s motion stated no viable ground for relief
    under the rule, we find no abuse of discretion.    Accordingly, we
    affirm the order of the district court.     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
    *
    We note that we lack jurisdiction to review the underlying
    order denying Reliford’s § 2255 motion because Reliford did not
    appeal the order within sixty days of its entry, see Fed. R. App.
    P. 4(a)(1)(B); Panhorst v. United States, 
    241 F.3d 367
    , 370 (4th
    Cir. 2001), and Reliford’s 60(b) motion did not toll the time for
    filing an appeal.    See Browder v. Director, Illinois Dep’t of
    Corr., 
    434 U.S. 257
    , 263 n.7 (1978).
    2
    

Document Info

Docket Number: 02-7622

Citation Numbers: 56 F. App'x 146

Judges: Michael, Per Curiam, Shedd, Wilkins

Filed Date: 2/14/2003

Precedential Status: Non-Precedential

Modified Date: 8/6/2023