No. 15-6656
Appeal from the United States District Court for the Eastern
District of Virginia, at Alexandria.
Liam OGrady, District
Judge.
(1:11-cr-00087-LO-1; 1:11-cr-00348-LO-1; 1:12-cv-00132LO)
Submitted:
Decided:
November 5, 2015
PER CURIAM:
Alexander Otis Matthews appeals from the district courts
April 10, 2015 order granting in part and denying in part his
motion
under
Fed.
R.
Civ.
P.
60(b)
seeking
reconsideration
We vacate
habeas
[application]
and
is
subject
to
the
successive
F.3d 392,
397
applications.
(4th
Cir.
United
2015)
States
(quoting
v.
Gonzalez
McRae,
v.
793
Crosby,
not subject
to
the
preauthorization
(quoting Gonzalez,
545
motion
claims
presents
successive applications
Rule
60(b), such
motion.
U.S.
as
at
531-32).
subject
well
motion
is
to
as
a
requirement.
Where,
the
claims
mixed
however,
requirements
cognizable
Rule
Id.
60(b)/
a
for
under
2255
flaws
on
in
his
his
2255
proceeding
and
sentence.
conviction
and
direct
Accordingly,
raised
the
that
previous
determination was
(stating
that
conviction
or
in
ruling
error);
motion
sentence
which
Winestock,
directly
will
precluded
340
attacking
usually
amount
F.3d
the
to
merits
at
207
prisoners
successive
application).
The
district
court
did
not
afford
Matthews
the
2255
motion.
See
McRae,
motion
claims
presents
subject
to
the
requirements
for
the
district
court
should
afford
the
applicant
an
the
application.
therefore
entire
motion
(quoting
vacate
the
treated
Winestock,
district
340
courts
further proceedings.
3
as
successive
F.3d
at
207)).
order
and
remand
We
for
We
grant
leave
to
proceed
in
forma
contentions
are
adequately
presented
in
the
materials
before this court and argument would not aid the decisional
process.
VACATED AND REMANDED