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Unpublished
Unpublished
Unpublished
No. 05-7149
No. 05-7240
In Re:
Petitioner.
Submitted:
(CA-04-3306)
Decided:
January 3, 2006
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PER CURIAM:
These
disposition.
consolidated
cases
are
before
the
court
for
Reid v. Angelone,
A certificate of appealability
A prisoner
find
that
constitutional
the
claims
district
is
courts
debatable
and
assessment
that
any
of
his
dispositive
Slack v. McDaniel, 529 U.S. 473, 484 (2000); Rose v. Lee, 252 F.3d
676, 683 (4th Cir. 2001).
record and conclude that Mason has not made the requisite showing.
Because Masons motion did not assert a defect in the
collateral review process itself, but rather reargued the merits of
his application for relief under 2255, the motion is properly
To
the extent that Masons notice of appeal and informal brief can be
construed as a motion for authorization to file a successive 2255
motion, we deny such authorization.
208.
826 (4th Cir. 1987) (citing Kerr v. United States Dist. Court, 426
U.S. 394, 402 (1976)).
other means by which the relief sought could be granted, id., and
it may not be used as a substitute for appeal.
In re Catawba
The party
In
this case, the default issue is one that Mason could have raised on
appeal in No. 05-7149, but he did not.
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the district court clerks office has no record that such a notice
was filed and Mason cannot prove that he did, in fact, file it.
The exhibits he submitted with his mandamus petition did not
establish that a timely notice was filed. Therefore, Mason has not
shown
clear
and
indisputable
right
to
mandamus
relief.
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