Quillar v. People of the State, et al

Filing 89

ORDER Re Certificate of Appealability. Petitioner has made no showing that reasonable jurists would find that the Court's decision to deny his Rule 60(b)(6) motion is debatable or wrong. Accordingly, a certificate of appealability is DENIED. Signed by Judge Barry Ted Moskowitz on 12/30/2010. (Order electronically transmitted to the US Court of Appeals. All non-registered users served via U.S. Mail Service.) (akr)

Quillar v. People of the State, et al

Doc. 89

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 LEE V. QUILLAR, v. RICK M. HILL, Defendant. Petitioner has filed a Notice of Appeal from the Court's Order Denying Motion for Relief from Final Judgment. The Court construes this Notice of Appeal as a motion for the issuance of a certificate of appealability. See Hawks v. Kane, No. C 04-01822 JSW, 2006 U.S. Dist. LEXIS 90879, at *1-2 (N.D. Cal. Dec. 6, 2006). When a district court dismisses a habeas petition solely on procedural grounds, a certificate of appealability will not issue unless the petitioner can demonstrate both (1) "that jurists of reason would find it debatable whether the petition states a valid claim of the denial of a constitutional right" and (2) "that jurists of reason would find it debatable whether the district court was correct in its procedural ruling." Slack v. McDaniel, 529 U.S. 473, 484 (2000). Petitioner has made no showing that reasonable jurists would find that the Court's decision to deny his Rule 60(b)(6) motion is debatable or wrong. See Haynes v. United States, No. PJM 02-3850, 2010 U.S. Dist. LEXIS 74017, at *4 (D. Md. July 21, 2010) (denying certificate of appealability where petitioner sought to appeal denial of Rule 60(b)(6) 1
01CV968 BTM (BEN)

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA
Case No. 01CV968 BTM (BEN) Plaintiff, ORDER RE CERTIFICATE OF APPEALABILITY

Dockets.Justia.com

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motion as a successive habeas appeal); United States v. Sheppard, No. 10-6679, 2010 U.S. App. LEXIS 17014 (4th Cir. S.C. Aug. 9, 2010) (same). Accordingly, a certificate of appealability is DENIED.

IT IS SO ORDERED. DATED: December 30, 2010

Honorable Barry Ted Moskowitz United States District Judge

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01CV968 BTM (BEN)