United States Second Circuit

In a pro se petitioner's motion for a certificate of appealability (COA) permitting him to appeal the denial of his Fed. R. Civ. P. 60(d) motion for relief from the District Court's prior order denying his 28 U.S.C. section 2255 motion, the motion for COA is denied where, because the principles in Kellogg v. Strack, 269 F.3d 100 (2d Cir. 2001) apply with equal force in the Rule 60(d) context, a COA is required to appeal a district court's denial of a Rule 60(d) motion when the underlying order denied section 2255 relief.

Appellate Information

• Published 2016/08/09

Judges

• PER CURIAM

Court

• United States Second Circuit

Counsel