United States v. Walker

Before TYMKOVICH, Circuit Judge, PORFILIO, Senior Circuit Judge, and GORSUCH, Circuit Judge.

Roderick Walker unsuccessfully pursued relief under 28 U.S.C. § 2255 from his federal criminal convictions for conspiracy to possess lysergic acid diethylamide (LSD) with the intent to distribute and distribution of LSD and for unlawful use of a communication facility. This court denied a certificate of appealability (COA). See United States v. Walker, 307 F. App’x 230, 231 (10th Cir.), cert. denied, 130 S.Ct. 516 (2009). Mr. Walker then filed in the district court a Fed. R. Civ. P. 60(b) motion to reopen the proceeding. Concluding that the motion was in effect a second or successive § 2255 motion, and that this court had not authorized it to be filed, the district court dismissed the motion for lack of jurisdiction. See 28 U.S.C. §§ 2255(h), 2244(b). Mr. Walker appealed. To pursue an appeal, he must obtain a COA. See United States v. Harper, 545 F.3d 1230, 1233 (10th Cir. 2008). Thus, he “must show that ‘jurists of reason would find it debatable whether the district court was correct in its procedural ruling.’” Id. (quoting Slack v. McDaniel, 529 U.S. 473, 478 (2000)).