Whether the Certificate of Appealability standard can be consistently applied when petitioners are denied relief under Rule 60(b)

QUESTION(S) PRESENTED After being dismissed four times on incorrect procedural basis, without allowing for briefing or a chance to be heard , Morris sought review of his 60(b) motion in the United States Court of Appeals for the Eighth Circuit. Despite numerous requests to be allowed to brief, the Court denied that opportunity and issued a summary denial, seemingly without real review. I. Since the Court determined in Gonzalez v Crosby, 545 US 524 (2005) _ that petitioners may not claim they are entitled to relief under Rule 60(b), can the Certificate of Appealability standard, requiring the showing of a denial of a Constitutional right, be consistently applied? II. Must an opportunity to brief an appeal be given if requested? May a Court of Appeals decide to review without adversarial presentation over a party's objection? . III. Does the requirement of Day v McDonough, 547 US 198 (2006) to allow briefing on procedural basis leading to dismissal imply a requirement to address any raised objections? If a Court fails either basis, should reversal automatically occur? . IV. Should a GVR issue in light of United States v Haymond, No. 171672, upon which Petitioner based his 60(b) motion? . cit :