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No. 09-6887
Appeal from the United States District Court for the Eastern
District of Virginia, at Alexandria. Gerald Bruce Lee, District
Judge. (1:00-cr-00180-GBL-1)
Submitted:
Decided:
PER CURIAM:
Gregory Hinton seeks to appeal the district courts
order treating his Fed. R. Civ. P. 60(b) motion as a successive
28 U.S.C.A. 2255 (West Supp. 2009) motion and dismissing it on
that basis and denying relief on his related motions.
The order
v.
Angelone,
certificate
of
369
F.3d
appealability
369
will
(4th
not
Cir.
issue
2004).
absent
U.S.C.
standard
2253(c)(2)
by
(2006).
demonstrating
that
prisoner
reasonable
satisfies
jurists
this
would
find
Miller-
that
has
not
made
the
requisite
showing.
informal
brief
as
we
an
construe
Hintons
application
to
notice
file
of
appeal
second
or
United States v.
authorization
prisoner
must
discovered
to
assert
evidence,
file
claims
not
successive
based
on
previously
In order to
2255
either:
discoverable
motion,
(1) newly
by
due
evidence
that,
but
for
constitutional
error,
no
claims
do
not
satisfy
either
of
these
criteria.
contentions
the
court
are
adequately
and
argument
presented
would
not
in
aid
the
the
materials
decisional
process.
DISMISSED