Professional Documents
Culture Documents
No. 08-7038
Appeal from the United States District Court for the District of
South Carolina, at Columbia.
Matthew J. Perry, Jr., Senior
District Judge. (3:04-cv-23082-MJP; 3:02-cr-00550-MJP-1)
Submitted:
Decided:
PER CURIAM:
Michael Alonza Rufus seeks to appeal the district courts
order treating his Fed. R. Civ. P. 60(b) motion as a successive 28
U.S.C. 2255 (2000) motion, and denying it on that basis.
The
A certificate
28 U.S.C. 2253(c)(2)
reasonable
jurists
would
find
that
any
assessment
of
the
(2003); Slack v. McDaniel, 529 U.S. 473, 484 (2000); Rose v. Lee,
252 F.3d 676, 683-84 (4th Cir. 2001).
We have independently
reviewed the record and conclude that Rufus has not made the
requisite
showing.
Accordingly,
we
deny
certificate
of
based on either:
by
by
due
clear
diligence,
and
that
convincing
would
be
evidence
sufficient
that,
but
to
for
DISMISSED