Todd Michael Vincent v. United States
Question One
A review of an order denying a Rule 60(b) motion does not involve the
validity of the underlying judgment. Yet, the Eleventh Circuit, like most
federal circuits, requires a certificate of appealability before a Rule 60(b)
§§ 1291, movant may appeal. Nowhere in the governing statutes -28 U.S.C.
2253-does such a requirement appear.
Is issuance of a certificate of appealability a prerequisite
to appealing the denial of a Rule 60(b) motion?
Question Two
This Court provides that every prisoner is entitled to a complete § 2255
motion, which requires the district court to correctly apply the law. When a
retroactive ruling of this Court demonstrates: (1) that the district court's
earlier timeliness ruling is wrong, and (2) the petitioner's guilty plea was
unknowing and involuntarily, then the § 2255 proceeding's integrity is ruptured.
Does a retroactively-applicable Supreme Court decision that
shows a district court applied the wrong rule constitute an
extraordinary circumstance that entitles a Rule 60(b)(6)
movant to relief from § 2255 judgment?
Is issuance of a certificate of appealability a prerequisite to appealing the denial of a Rule 60(b) motion?