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U.S. v. Thomas

United States Court of Appeals, Ninth Circuit
Nov 22, 2010
404 F. App'x 186 (9th Cir. 2010)


No. 08-35891.

Submitted November 16, 2010.

The panel unanimously concludes this case is suitable for decision without oral argument. See Fed.R.App.P. 34(a)(2).

Filed November 22, 2010.

Joseph Hilary Harrington, Assistant U.S., Office of the U.S. Attorney, Spokane, WA, for Plaintiff-Appellee.

Roshon E. Thomas, Beaumont, TX, pro se.

Appeal from the United States District Court for the Eastern District of Washington, Fred L. Van Sickle, District Judge, Presiding. D.C. Nos. 2:03-CR-00129-FVS, 2:07-CV-00123-FVS.

Before: TASHIMA, BERZON, and CLIFTON, Circuit Judges.


This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.

Federal prisoner Roshon E. Thomas appeals pro se from the district court's order denying his Federal Rule of Civil Procedure 60(b)(4) motion for relief from final judgment. We have jurisdiction under 28 U.S.C. § 1291, and we affirm.

Thomas contends the district court erred by denying his Rule 60(b) motion, which alleged that the district court failed to address six of the claims raised in his 28 U.S.C. § 2255 motion. The district court properly concluded that Thomas' motion was, in effect, an unauthorized second or successive motion under § 2255. See 28 U.S.C. § 2244(a); Gonzalez v. Crosby, 545 U.S. 524, 532 n. 4, 125 S.Ct. 2641, 162 L.Ed.2d 480 (2005).

To the extent that Thomas' contentions may be construed as a request for authorization to file a second or successive § 2255 motion, see Cooper v. Calderon, 274 F.3d 1270, 1275 (9th Cir. 2001) (per curiam), such a request is denied because Thomas has not made the requisite showing under 28 U.S.C. § 2255(h).

Thomas' request to expand the certificate of appealability is denied. See 9th Cir. R. 22-1(e); see also Hiivala v. Wood, 195 F.3d 1098, 1104-05 (9th Cir. 1999) (per curiam). Thomas' motion to expedite is denied as moot.


Summaries of

U.S. v. Thomas

United States Court of Appeals, Ninth Circuit
Nov 22, 2010
404 F. App'x 186 (9th Cir. 2010)
Case details for

U.S. v. Thomas

Case Details

Full title:UNITED STATES of America, Plaintiff-Appellee, v. Roshon E. THOMAS…

Court:United States Court of Appeals, Ninth Circuit

Date published: Nov 22, 2010


404 F. App'x 186 (9th Cir. 2010)