Académique Documents
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No. 07-6781
Appeal from the United States District Court for the District of
South Carolina, at Rock Hill. Joseph F. Anderson, Jr., District
Judge. (0-98-cr-01126-JFA; 0-06-cv-02469-JFA)
Submitted:
Decided:
PER CURIAM:
Rawle Anthony Cole seeks to appeal the district courts
order treating his Fed. R. Civ. P. 60(b) motion as a successive 28
U.S.C. 2255 (2000) motion, and dismissing it on that basis.
The
A certificate
28 U.S.C. 2253(c)(2)
reasonable
jurists
would
find
that
any
assessment
of
the
(2003); Slack v. McDaniel, 529 U.S. 473, 484 (2000); Rose v. Lee,
252 F.3d 676, 683-84 (4th Cir. 2001).
We have independently
reviewed the record and conclude that Cole has not made the
requisite
showing.
Accordingly,
we
deny
certificate
of
- 2 -
by
by
due
clear
diligence,
and
that
convincing
would
be
evidence
sufficient
that,
but
to
for
DISMISSED
- 3 -