United States v. Green

United States Court of Appeals
Fifth Circuit
F I L E D
IN THE UNITED STATES COURT OF APPEALS July 2, 2004
FOR THE FIFTH CIRCUIT Charles R. Fulbruge III
Clerk
No. 03-30919
c/w No. 03-30942
Summary Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
RONALD PERNELL GREEN,
Defendant-Appellant.
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Appeals from the United States District Court
for the Western District of Louisiana
USDC No. 98-CR-20058-5
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Before HIGGINBOTHAM, DAVIS, and PRADO, Circuit Judges.
PER CURIAM:*
Ronald Pernell Green, federal prisoner # 09156-035, moves
this court to proceed in forma pauperis (IFP) to appeal the
denial of a discovery motion for access to, inspection of, and
copying of video and audio tapes that had been entered into
evidence at his trial. Green also seeks to appeal the denial of
a postjudgment motion seeking relief from the denial of his
discovery motion.
*
Pursuant to 5TH CIR. R. 47.5, the court has determined that
this opinion should not be published and is not precedent except
under the limited circumstances set forth in 5TH CIR. R. 47.5.4.
No. 03-30919
c/w No. 03-30942
-2-
It is undisputed that Green had not filed a 28 U.S.C. § 2255motion prior to the discovery motion. Green’s discovery motion
and his subsequent motion under FED. R. CIV. P. 60(b)(6) from the
denial of the discovery motion are unauthorized and without a
jurisdictional basis, and the district court was without
jurisdiction to entertain them. See United States v. Early, 27
F.3d 140, 142 (5th Cir. 1994); United States v. Leon, 203 F.3d
162, 164 (2d Cir. 2000).
As Green has not demonstrated a nonfrivolous issue for
appeal, his motion to proceed IFP is DENIED. See FED. R. APP. P.
24(a). Because his appeal is without arguable merit, it is
DISMISSED as frivolous. See Howard v. King, 707 F.2d 215, 219-20
(5th Cir. 1983); 5TH CIR. R. 42.2.
IFP DENIED; APPEAL DISMISSED.