McLeod v. Clark ( 2007 )

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 06-8039
LARRY MCLEOD,
Petitioner - Appellant,
versus
SUPERINTENDENT, J.J. CLARK,
Respondent - Appellee.
Appeal from the United States District Court for the Middle
District of North Carolina, at Durham. James A. Beaty, Jr., Chief
District Judge. (1:02-cv-00281-JAB)
Submitted: April 19, 2007 Decided: April 24, 2007
Before NIEMEYER, KING, and GREGORY, Circuit Judges.
Dismissed by unpublished per curiam opinion.
Larry McLeod, Appellant Pro Se. Clarence Joe DelForge, III, NORTH
CAROLINA DEPARTMENT OF JUSTICE, Raleigh, North Carolina, for
Appellee.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
On May 29, 2003, this court denied a certificate of
appealability and dismissed Larry McLeod’s appeal of a district
court order denying his 28 U.S.C. § 2254 (2000) petition. See
McLeod v. Clark, No. 03-6486 (4th Cir. May 29, 2003) (unpublished).
Over three years after the issuance of our opinion, McLeod filed a
notice of appeal in the district court and a motion for a
certificate of appealability in this court.
To the extent McLeod seeks a certificate of
appealability, the court has previously considered this request and
denied it. Accordingly, we decline to consider the request, as it
is duplicative, and we deny it on that basis. Even if we were to
entertain the motion, we would lack jurisdiction over McLeod’s
appeal because it is clearly untimely. See Fed. R. App. P. 4(a).
Accordingly, we deny leave for McLeod to proceed in forma pauperis
and dismiss the appeal. See United States v. Pardee, 356 F.2d 982(4th Cir. 1966) (“The proliferation of notices of appeal is to be
discouraged.”). 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
- 2 -