Jackson, et al v. Moscicki

Filing 43

MEMORANDUM OPINION AND ORDER #97077: On August 21, 2008, the Court denied the petitioner's motion pursuant to Fed. R. Civ. P. 60(b) (4) and (6) to vacate this Court's judgment entered on May 2, 2000 denying his petitions for habeas corpus p ursuant to 28 U.S.C. § 2254. A certificate of appealability is required to appeal a district court's denial of a Rule 60(b) motion when the underlying judgment is the denial of a § 2254 petition. Kellogg v. Strack, 269 F.3d 100, 102 (2 d Cir. 2001). The Court declines to issue a certificate of appealability because the petitioner has not "made a substantial showing of the denial of a constitutional right." 28 U.S.C. § 2253 (c) (2). So Ordered. (Signed by Judge John G. Koeltl on 2/6/09) (js) Modified on 2/18/2009 (mro).

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