Professional Documents
Culture Documents
No. 11-7722
Appeal from the United States District Court for the Western
District of North Carolina, at Asheville. Martin K. Reidinger,
District Judge. (1:01-cr-00052-MR-11; 1:04-cv-00258)
Submitted:
Decided:
April 3, 2012
PER CURIAM:
Doyle Ray Morgan seeks to appeal the district courts
order treating his Fed. R. Civ. P. 60(b) motion as a successive
28 U.S.C.A. 2255 (West Supp. 2011) motion, and dismissing it
on that basis.
justice
or
judge
issues
certificate
of
appealability.
28
A certificate of appealability
When the
standard
by
demonstrating
that
reasonable
jurists
would
484
Cockrell,
(2000);
(2003).
see
Miller-El
v.
537
U.S.
322,
336-38
Slack,
Accordingly, we
Additionally,
and
informal
brief
we
as
construe
an
Morgans
application
to
notice
file
of
appeal
second
or
by
by
due
diligence,
clear
and
that
convincing
would
be
evidence
sufficient
that,
but
to
for
movant
guilty
of
the
offense;
or
(2)
new
rule
of
28 U.S.C.A.
contentions
the
court
are
adequately
and
argument
presented
would
not
in
aid
the
the
materials
decisional
process.
DISMISSED