Todd Michael Vincent v. United States
HabeasCorpus Securities
Is issuance of a certificate of appealability a prerequisite to appealing the denial of a Rule 60(b) motion?
QUESTION(S) PRESENTED . 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) Movant may appeal. Nowhere in the governing statutes——28 U.S.C. §§ 1291, 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 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?