Qualls v. Ryan et al
ORDER granting 157 Petitioner's Motion for Leave to File Excess Pages and denying 159 Motion for Relief from Judgment. IT IS FINALLY ORDERED a certificate of appealability as to the September 7, 2017 motion for relief from judgment is denied. Signed by Senior Judge James A Teilborg on 9/18/17.(LSP)
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF ARIZONA
William Kenneth Qualls,
No. CV 13-01288-PHX-JAT
Charles L. Ryan, et al.,
On May 8, 2015, this Court denied the Petition for Writ of Habeas Corpus in this
case. Petitioner appealed. The Court of Appeals denied a certificate of appealability on
September 25, 2015. While that appeal was pending, Petitioner filed a motion to reopen
his case (Doc. 145), which this Court denied (Doc. 146).
On August 17, 2016, Petitioner filed a motion to exceed page limit and lodged a
motion for relief from judgment under Federal Rule of Civil Procedure 60(b)(6).
Court allowed Petitioner to exceed the page limit, but denied the Rule 60 motion on the
merits (Doc. 150).1 Therafter, this Court denied a certificate of appealability as to this
motion. (Doc. 152). The Court of Appeals also denied a certificate of appealability as to
this motion (Doc. 156).
In this Rule 60 motion, Petitioner alleged 10 errors in this Court’s original
decision. Doc. 149 at 8-9.
On September 7, 2017, Petitioner filed another motion to exceed page limit and
lodged another motion for relief from judgment under Federal Rule of Civil Procedure
60(b)(6). This lodged Rule 60 motion challenges this Court’s denial of a certificate of
appealability. (Doc. 158 at 8).
As recounted above, the Court of Appeals has already denied a certificate of
appealability. That decision is subject to the Rule of Mandate, and this Court cannot
revisit it. See Gonzalez v. Arizona, 677 F.3d 383, 390 (9th Cir. 2012). Thus, this new
Rule 60 motion will be for this reason.
IT IS ORDERED that Petitioner’s motion to exceed pages (Doc. 157) is granted
to the extent that the Clerk of the Court shall deem filed the Motion currently lodged at
IT IS FURTHER ORDERED that the Motion for Relief from Judgment (Doc.
158) is denied.
IT IS FINALLY ORDERED a certificate of appealability as to the September 7,
2017 motion for relief from judgment is denied. See generally Lynch v. Blodgett, 999
F.2d 401 (9th Cir. 1993) (requiring a certificate of appealability on a Rule 60 motion).
Dated this 18th day of September, 2017.
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