United States v. Taylor
Opinion of the Court
In 04-6796, William Raymond Taylor seeks to appeal the district court’s order denying relief on his motion filed under Fed.R.Civ.P. 60(b)(1). Because Taylor’s motion did not directly attack his conviction or sentence, but rather asserted a defect in the collateral review process itself, it constituted a true Rule 60(b) motion under our decision in United States v. Winestock, 340 F.3d 200, 207 (4th Cir.), cert. denied, 540 U.S. 995, 124 S.Ct. 496, 157 L.Ed.2d 395 (2003). To appeal an order denying a Rule 60(b) motion in a habeas action, Taylor must establish entitlement to a certificate of appealability. See Reid v. Angelone, 369 F.3d 363, 368 (4th Cir. 2004).
A certificate of appealability will not issue absent “a substantial showing of the denial of a constitutional right.” 28 U.S.C. § 2253(c)(2) (2000). A prisoner satisfies this standard by demonstrating that reasonable jurists would find that his constitutional claims are debatable and that any dispositive procedural rulings by the district court are also debatable or wrong. See Miller-El v. Cockrell, 537 U.S. 322, 336, 123 S.Ct. 1029, 154 L.Ed.2d 931 (2003); Slack v. McDaniel, 529 U.S. 473, 484, 120 S.Ct. 1595, 146 L.Ed.2d 542 (2000); Rose v. Lee, 252 F.3d 676, 683 (4th Cir. 2001). Because Taylor’s Rule 60(b) motion was untimely filed, see Fed. R.Civ.P. 60(b)(1) (providing one year time limit), we conclude Taylor’s appeal is futile, precluding entitlement to a certificate of appealability. See Reid, 369 F.3d at 372 n. 5.
DISMISSED.
Reference
- Full Case Name
- UNITED STATES of America, Plaintiff—Appellee v. William Raymond TAYLOR, Defendant—Appellant
- Status
- Published