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No. 06-6036
a/k/a
Paul
Bougle,
a/k/a
Defendant - Appellant.
Appeal from the United States District Court for the Northern
District of West Virginia, at Wheeling. Frederick P. Stamp, Jr.,
District Judge. (CR-90-122; CA-99-22-5)
PER CURIAM:
Dwight Knibbs seeks to appeal the district court's order
denying relief on his Fed. R. Civ. P. 60(b) motion, which the
district court properly construed as a successive 28 U.S.C. 2255
(2000) motion.
2253(c)(2)
(2000).
prisoner
satisfies
this
28 U.S.C.
standard
by
322, 336 (2003); Slack v. McDaniel, 529 U.S. 473, 484 (2000);
Rose
v.
Lee,
252
F.3d
676,
683
(4th
Cir.
2001).
We
have
independently reviewed the record and conclude Knibbs has not made
the requisite showing.
Additionally, we construe Knibbs notice of appeal and
informal brief on appeal as an application to file a second or
successive 2255 motion. See United States v. Winestock, 340 F.3d
200, 208 (4th Cir. 2003).
(1)
new
rule
of
constitutional
- 2 -
law,
previously
Knibbs
these
reasons,
we
deny
certificate
of
DISMISSED
- 3 -