Opinion
3:03cr34/RV.
September 19, 2008
ORDER
The defendant has filed a notice of appeal (doc. 31) of this court's order denying his motion seeking relief from final judgment pursuant to 60(b)(4)(6), (doc. 30), which the court construes as a request for a certificate of appealability. Edwards v. United States, 114 F.3d 1083 (11th Cir. 1997). An appeal of the denial of a Rule 60(b) motion requires a certificate of appealability. Williams v. Chatman, 510 F.3d 1290, 1294 (11th Cir. 2007). A COA should not issue in the appeal from the denial of a Rule 60(b) motion unless the petitioner shows, at a minimum, that it is debatable among jurists of reason whether the district court abused its discretion in denying his motion. See 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 this showing, and his request for a certificate of appealability is DENIED.
Defendant has not filed a motion for leave to proceed in forma pauperis. Because the court finds that this appeal is not taken in good faith and the defendant is not otherwise entitled to so proceed, should he file such a motion, it would be denied. Defendant shall pay the $455.00 filing fee within thirty days.
DONE AND ORDERED.