Beruflich Dokumente
Kultur Dokumente
No. 08-6100
Appeal from the United States District Court for the Eastern
District of Virginia, at Alexandria.
Claude M. Hilton, Senior
District Judge. (1:93-cr-00402-CMH-3)
Submitted:
June 5, 2008
Decided:
PER CURIAM:
Troy Cleveland seeks to appeal the district courts order
denying relief on his motion filed under Fed. R. Civ. P. 60(b)(6).
Because Clevelands 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
United States v. Winestock, 340 F.3d 200, 207 (4th Cir. 2003).*
To
must
appealability.
establish
entitlement
to
certificate
of
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).
demonstrating
constitutional
that
reasonable
claims
are
jurists
debatable
and
would
that
find
any
that
his
dispositive
wrong.
McDaniel, 529 U.S. 473, 484 (2000); Rose v. Lee, 252 F.3d 676, 683
(4th Cir. 2001).
We have independently reviewed the record and conclude
that Cleveland has not made the requisite showing for a certificate
of
appealability.
Accordingly,
we
deny
certificate
of
DISMISSED
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