Opinion
Case No: 5:94CR5004/LAC.
April 5, 2006
ORDER
The defendant has filed a notice of appeal (doc. 118) which this court construes as a request for a certificate of appealability. Unless a certificate of appealability is issued, the defendant may not take an appeal from the final order denying Rule 60(b) relief. Gonzalez v. Secretary of Department of Corrections, 317 F.3d 1308, 1312 (11th Cir. 2003). A COA should not issue in the appeal from the denial of a Rule 60(b) motion in a habeas case unless the petitioner shows, at a minimum, that it is debatable among jurists of reason whether the district court abused its discretion. Gonzalez, supra, citing Mobley v. Head, 306 F.3d 1096, 1097 (11th Cir. 2002) ("This Court reviews a denial of a 60(b) motion for an abuse of discretion."). Defendant has not made such a showing, and therefore, his request for a certificate of appealability is denied.
Cf. Edwards v. United States, 114 F.3d 1083 (11TH Cir. 1997) (district courts must treat notices of appeal in Section 2255 actions as applications for certificates of appealability).
DONE AND ORDERED.