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Williams v. Thaler

Because appellants Federal Rule of Civil Procedure Rule 59(e) claim of actual innocence is properly characterized as a second or successive petition, the district court did not have jurisdiction to consider that claim. Because reasonable jurists would not debate that the district court did not abuse its discretion when it denied his Rule 59(e) and Rule 60(b) motions as to the other issues he raised, the 5th Circuit will not issue a certificate of appealability on either of his motions. 5th U.S. Circuit Court of Appeals, No. 08-70046, 03-23-2010

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Published opinion

Before DeMOSS, STEWART, and PRADO, Circuit Judges.

Jeffrey Demond Williams appeals the district court’s denial of a certificate of appealability (“COA”) on his Federal Rule of Civil Procedure 59(e) motion to alter or amend the judgment, which raised claims of actual innocence and ineffective assistance of counsel (“IAC”) at sentencing; and his Federal Rule of Civil Procedure 60(b) motion for relief from judgment, which accused the State of discovery violations for not serving him subpoenas duces tecum (“SDTs”) that it issued. The district court held that Williams had not made a substantial showing of a denial of a constitutional right, and we agree. We therefore affirm the district court’s denial of a COA on Williams’s two motions.

 
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