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Lee V. Quillar v. Rick M. Hill

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA


December 30, 2010

LEE V. QUILLAR,
PLAINTIFF,
v.
RICK M. HILL, DEFENDANT.

The opinion of the court was delivered by: Honorable Barry Ted Moskowitz United States District Judge

ORDER RE CERTIFICATE OF APPEALABILITY

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) 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:

20101230

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