Testo completo
UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 13-8016
FRANKIE JAE LORDMASTER, f/k/a Jason Robert Goldader,
Petitioner - Appellant,
v.
DIRECTOR OF THE DEPARTMENT OF CORRECTIONS,
Defendant - Appellee.
Appeal from the United States District Court for the Eastern
District of Virginia, at Alexandria. James C. Cacheris, Senior
District Judge. (1:13-cv-01305-JCC-IDD)
Submitted: April 24, 2014 Decided: April 28, 2014
Before NIEMEYER, SHEDD, and FLOYD, Circuit Judges.
Dismissed by unpublished per curiam opinion.
Frankie Jae Lordmaster, Appellant Pro Se.
Unpublished opinions are not binding precedent in this circuit.
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PER CURIAM:
Frankie Jae Lordmaster seeks to appeal the district
court’s orders dismissing as untimely his 28 U.S.C. § 2254
(2012) petition and denying his motion for production of best
evidence and original exhibits as moot. The orders are not
appealable unless a circuit justice or judge issues a
certificate of appealability. 28 U.S.C. § 2253(c)(1)(A) (2012).
A certificate of appealability will not issue absent “a
substantial showing of the denial of a constitutional right.”
28 U.S.C. § 2253(c)(2) (2012). When the district court denies
relief on procedural grounds, the prisoner must demonstrate both
that the dispositive procedural ruling is debatable, and that
the petition states a debatable claim of the denial of a
constitutional right. Slack v. McDaniel, 529 U.S. 473, 484-85
(2000).
We have independently reviewed the record and conclude
that Lordmaster has not made the requisite showing.
Accordingly, we deny Lordmaster’s motion to compel and motion
for a certificate of appealability, deny leave to proceed in
forma pauperis, and dismiss the appeal. 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.
DISMISSED
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