Qualls v. Ryan et al

Filing 152

CERTIFICATE OF APPEALABILITY DENIED. Probable cause does not exist for the appeal. Applicant has not made a substantial showing of the denial of a constitutional right; in forma pauperis status denied as to this appeal re: 151 Notice of Appeal. Signed by Senior Judge James A Teilborg on 12/13/16. (LSP)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE DISTRICT OF ARIZONA

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William Kenneth Qualls,
Petitioner,

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ORDER

v.

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No. CV 13-01288-PHX-JAT

Charles L. Ryan, et al.,

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Respondents.

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On May 8, 2015, this Court denied the Petition for Writ of Habeas Corpus in this

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case. Petitioner appealed. The Court of Appeals denied a certificate of appealability on

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September 25, 2015.

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On August 17, 2016, Petitioner filed a motion for relief from judgment under

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Federal Rule of Civil Procedure 60(b)(6). On October 31, 2016, this Court denied the

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motion for relief from judgment. Petitioner has now appealed the denial of the motion

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for relief from judgment.

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For the reasons stated in this Court’s Orders of of May 8, 2015 and October 31,

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2016,

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IT IS ORDERED that a certificate of appealability as to the October 31, 2016

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Order is denied. See generally Lynch v. Blodgett, 999 F.2d 401 (9th Cir.1993) (requiring

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a certificate of appealability on a Rule 60 motion).

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Dated this 13th day of December, 2016.

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