Markos Pappas v. United States
DueProcess HabeasCorpus
Does the certificate of appealability ("COA") requirement of 228 U.S.C. § 2253(c) that explicitly applies to motions under 28 U.S.C. § 2255, also apply to motions under Federal Rule of civil Procedure 60(b) that relate to a section 2255 proceeding even though there is no language in section 2253(c) indicating the COA requirement applies to anything other than the denial of a section 2255 motion?
Because in denying Petitioner's Federal Rule of civil Procedure 60(b)(4) motion (which raised a due process issue based on the court's application of a 21 U.S.C. § 851 enhancement for the first time in Petitioner's 28 U.S.C. § 2255 proceeding), the district court decided it was debatable that a hearing should have been held as to whether a section 851 enhancement was applicable at all, is it appropriate for this Court to either issue a COA, or GVR to the U.S. Court of Appeals for the second circuit for further consideration in light of this Court's holding clarifying the standard for issuance of a COA in Buck v. Davis, 580 U.S., 137 S.Ct. 759 (Feb. 22, 2017)?
should this court issue a COA, or GVR to the U.S. Court of Appeals for the Second Circuit for further consideration in light of this Court's recent holding in Rosales-Mireles v. United States, 585 U.S. , 138 S.Ct. 197 (June 18, 2018)?
Does the certificate of appealability (COA) requirement apply to Federal Rule of Civil Procedure 60(b) motions related to 28 U.S.C. § 2255 proceedings?