United States v. Zebrowski ( 2002 )


Menu:
  •                             UNPUBLISHED
    UNITED STATES COURT OF APPEALS
    FOR THE FOURTH CIRCUIT
    No. 02-7277
    UNITED STATES OF AMERICA,
    Plaintiff - Appellee,
    versus
    DAVID ZEBROWSKI, a/k/a Dog, a/k/a Mad Dog,
    a/k/a Lewis Brady, a/k/a David E. Stewart,
    a/k/a Eric Smith,
    Defendant - Appellant.
    Appeal from the United States District Court for the Eastern
    District of Virginia, at Richmond. James R. Spencer, District
    Judge. (CR-96-41, CA-98-350)
    Submitted:   October 10, 2002             Decided:   October 21, 2002
    Before WILLIAMS, KING, and GREGORY, Circuit Judges.
    Dismissed by unpublished per curiam opinion.
    David Zebrowski, Appellant Pro Se. Mary Hannah Lauck, David John
    Novak, OFFICE OF THE UNITED STATES ATTORNEY, Richmond, Virginia,
    for Appellee.
    Unpublished opinions are not binding precedent in this circuit.
    See Local Rule 36(c).
    PER CURIAM:
    David Zebrowski seeks to appeal the district court’s orders
    denying his motion filed under Rule 60(b) of the Federal Rules of
    Civil Procedure and his motion seeking reconsideration. Insofar as
    Zebrowski raises issues in his Rule 60(b) motion concerning claims
    raised in his 
    28 U.S.C. § 2255
     (2000) motion, we find Zebrowski did
    not show extraordinary circumstances warranting granting the Rule
    60(b) motion filed approximately three years after the denial of
    his § 2255 motion. Accordingly, we conclude that Zebrowski has not
    made a substantial showing of the denial of a constitutional right.
    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
    2
    

Document Info

Docket Number: 02-7277

Filed Date: 10/21/2002

Precedential Status: Non-Precedential

Modified Date: 4/17/2021