United States v. Rice
United States v. Rice
Opinion of the Court
Michael Wallace Rice seeks to appeal the district court’s order denying as untimely his Fed.R.Civ.P. 60(b) motion for reconsideration of the district court’s order denying relief on his 28 U.S.C.A. § 2255 (West Supp. 2011) motion. The order is not appealable unless a circuit justice or judge issues a certificate of appealability. 28 U.S.C. § 2253(c)(1)(B) (2006). 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) (2006). When the district court denies relief on the merits, a prisoner satisfies this standard by demonstrating that reasonable jurists would find that the district court’s assessment of the constitu
DISMISSED.
Reference
- Full Case Name
- UNITED STATES of America, Plaintiff—Appellee v. Michael Wallace RICE, Defendant—Appellant
- Status
- Published