Langford

ORDER

Terry Allen Langford seeks to appeal the district court's denial of his motion for relief under Fed.R.Civ.P. 60(b). His Rule 60(b) motion sought relief from a judgment of the district court denying Langford's petition for habeas corpus challenging his conviction and death sentence. The district court denied a certificate of probable cause. A certificate of probable cause was required under the former version of 28 U.S.C. § 2253 for an appeal of a denial of a Rule 60(b) motion seeking relief from a denial of habeas corpus, 28 U.S.C. § 2254 . Lynch ii. Blodgett, 999 F.2d 401, 402-03 (9th Cir.1993). The Antiterroiism and Effective Death Penalty Act ("AED-PA") amended 28 U.S.C. § 2253 to require a certificate of appealability instead of a certificate of probable cause. We interpret Lang-ford's notice of appeal as requesting this court to issue a certificate of probable cause or a certificate of appealability, whichever is appropriate.

We need not determine whether the amended version of § 2253 applies to Lang-ford's case, because we conclude that he fails to meet what we have described as the more generous standard of a certificate of probable cause. See Greenawalt v. Stewart,…