United States v. Milton
UNITED STATES of America, Plaintiff-Appellee, v. Gregory Allen MILTON, Defendant-Appellant
Opinion
PER CURIAM.
Gregory Allen Milton seeks to appeal the district court’s orders denying his motion filed under 28 U.S.C.A. § 2255 (West Supp.2001), denying a subsequent motion for reconsideration, and denying his motion for a certificate of appealability.
* We have reviewed the record and the district court’s opinion and find no reversible er *104 ror. Accordingly, we deny Milton’s motion to place his appeal in abeyance, deny a certificate of appealability, and dismiss the appeal on the reasoning of the district court.
See United States v. Milton, Nos. CA-95-74; CA-00-31-7 (W.D.Va. Aug. 1, 2001; Aug. 30, 2001). 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.
* Milton appeals the denial of his motion for a certificate of appealability by a magistrate judge, correctly noting that the magistrate judge was without authority to enter a final order disposing of his motion.
See 28 U.S.C.A. § 636 (West 1993 & Supp.2001). While the magistrate judge lacked jurisdiction to enter a final order on this post-judgment motion, we find relief is not warranted, as we have considered Milton’s motion for a certificate of appealability and determined it to be without merit.
See Fed. R.App. P. 22(b)(2).
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