Summary
refusing to grant a COA to review the denial of the petitioner's purported Rule 60(b) motion because the motion merely presented a constitutional claim, ineffective assistance of counsel, that the petitioner had previously raised in a motion for leave to file an SSHP
Summary of this case from Gonzalez v. Secretary for Dept. of CorrOpinion
No. 96-4133
Submitted December 10, 1996
Filed December 10, 1996
Before FAGG and BOWMAN, Circuit Judges, and HENLEY, Senior Circuit Judge.
ORDER
Richard Zeitvogel, a Missouri death-row inmate, has applied for a certificate of appealability from the district court's denial of his Fed.R.Civ.P. 60(b) motion for relief from the earlier denial of his first amended habeas petition. Having carefully reviewed the matter, we conclude the district court properly denied Zeitvogel's motion. Zeitvogel based his Rule 60(b) motion on the same grounds that we already rejected in denying Zeitvogel's motion for leave to file a second habeas petition. Zeitvogel v. Bowersox, No. 96-8164 (8th Cir. Dec. 9, 1996). We thus deny Zeitvogel's application for a certificate of appealability, and his accompanying motion for a stay of execution.