Académique Documents
Professionnel Documents
Culture Documents
No. 12-7547
Appeal from the United States District Court for the Western
District of North Carolina, at Charlotte. Max O. Cogburn, Jr.,
District Judge. (3:01-cr-00011-MOC-2; 3:08-cv-00436-MOC)
Submitted:
November 2, 2012
Decided:
November 6, 2012
PER CURIAM:
Terry W. Stewart seeks to appeal the district courts
order treating his Fed. R. Civ. P. 60(b) motion as a successive
28 U.S.C.A. 2255 (West Supp. 2012) motion, and dismissing it
on that basis.
justice
or
judge
issues
certificate
of
appealability.
28
A certificate of appealability
When the
standard
by
demonstrating
that
reasonable
jurists
would
484
Cockrell,
(2000);
(2003).
see
Miller-El
v.
537
U.S.
322,
336-38
Slack,
Accordingly,
informal
brief
as
an
application
2
to
file
second
or
by
by
due
diligence,
clear
and
that
convincing
would
be
evidence
sufficient
that,
but
to
for
movant
guilty
of
the
offense;
or
(2)
new
rule
of
28 U.S.C.A.
contentions
the
court
are
adequately
and
argument
presented
would
not
in
aid
the
the
materials
decisional
process.
DISMISSED