US v. Michael Pahutski

Filing

UNPUBLISHED PER CURIAM OPINION filed. Originating case number: 3:07-cr-00211-MR-1,3:12-cv-00308-MR. Copies to all parties and the district court. [999683842]. Mailed to: Michael Pahutski. [15-6818]

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UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT

No. 15-6818

UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v.
MICHAEL D. PAHUTSKI,
Defendant - Appellant.

Appeal from the United States District Court for the Western
District of North Carolina, at Charlotte. Martin K. Reidinger,
District Judge. (3:07-cr-00211-MR-1; 3:12-cv-00308-MR)

Submitted:

October 20, 2015

Decided:

October 22, 2015

Before MOTZ, KEENAN, and THACKER, Circuit Judges.

Affirmed by unpublished per curiam opinion.

Michael D. Pahutski, Appellant Pro Se.
Amy Elizabeth Ray,
Assistant United States Attorney, Asheville, North Carolina, for
Appellee.

Unpublished opinions are not binding precedent in this circuit.

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PER CURIAM:
Michael

D.

Pahutski

appeals

the

district

court’s

order

treating his Fed. R. Civ. P. 60(b) motion as a successive 28
U.S.C. § 2255 (2012) motion, and dismissing it on that basis.
As we recently held in United States v. McRae, a certificate of
appealability is not required in order for this court to address
the district court’s jurisdictional categorization of a “Rule
60(b)

motion

as

an

unauthorized

successive

793 F.3d 392, 400 (4th Cir. 2015).

habeas

petition.”

Our review of the record

confirms that Pahutski sought successive § 2255 relief, without
authorization from this court, and we therefore hold that the
district court properly concluded that it lacked jurisdiction to
consider the subject motion.

28 U.S.C. § 2244(b)(3)(A) (2012).

Thus, we affirm the district court’s order.
Additionally, we construe Pahutski’s notice of appeal and
informal brief as an application to file a second or successive
§ 2255 motion.
(4th Cir. 2003).

United States v. Winestock, 340 F.3d 200, 208
In order to obtain authorization to file a

successive § 2255 motion, a prisoner must assert claims based on
either:
(1) newly discovered evidence that . . . would be
sufficient to establish by clear and convincing
evidence that no reasonable factfinder would have
found the movant guilty of the offense; or

2

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(2) a new rule of constitutional law, made retroactive
to cases on collateral review by the Supreme Court,
that was previously unavailable.
28 U.S.C. § 2255(h).
these

criteria.

Pahutski’s claims do not satisfy either of

Therefore,

we

deny

authorization

to

file

a

successive § 2255 motion.
We dispense with oral argument because the facts and legal
contentions

are

adequately

presented

in

the

materials

before

this court and argument would not aid the decisional process.

AFFIRMED

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