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No. 11-6621
Appeal from the United States District Court for the District of
South Carolina, at Florence.
C. Weston Houck, Senior District
Judge. (4:01-cr-00058-CWH-1; 4:04-cv-22627-CWH)
Submitted:
GREGORY,
Decided:
Circuit
Judges,
and
HAMILTON,
PER CURIAM:
Frederick Lynn Sellers seeks to appeal the district
courts order treating his Fed. R. Civ. P. 60(b) motion as a
successive
28
U.S.C.A.
2255
circuit
justice
appealability.
or
(West
Supp.
2010)
motion,
and
issues
certificate
of
A certificate
28 U.S.C. 2253(c)(2).
find
that
the
district
courts
assessment
of
the
Slack v. McDaniel,
529 U.S. 473, 484 (2000); see Miller-El v. Cockrell, 537 U.S.
322, 336-38 (2003).
right.
debatable
Slack,
529
claim
of
the
denial
U.S.
at
484-85.
of
We
constitutional
have
independently
reviewed the record and conclude that Sellers has not made the
requisite
showing.
Accordingly,
we
deny
certificate
of
informal
brief
as
we
an
construe
Sellers
application
2
to
notice
file
of
appeal
second
or
by
by
due
diligence,
clear
and
that
convincing
would
be
evidence
sufficient
that,
but
to
for
movant
guilty
of
the
offense;
or
(2)
new
rule
of
Sellers
criteria.
claims
do
not
satisfy
28 U.S.C.A.
either
of
these
2255 motion.
We dispense with oral argument because the facts and
legal
before
contentions
the
court
are
adequately
and
argument
presented
would
not
in
aid
the
the
materials
decisional
process.
DISMISSED