(HC) Bouie v. Board of Parole Hearings

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 DIRK JAONG BOUIE, JR., No. 2:12-cv-1221 MCE AC P Petitioner, v. ORDER BOARD OF PAROLE HEARINGS, Respondent. 16 By order filed August 25, 2021, the undersigned denied petitioner’s motion for relief from judgment under Federal Rule of Civil Procedure 60(b). ECF No. 64. Petitioner now seeks a certificate of appealability. ECF No. 74. Petitioner seeks a certificate of appealability as to the denial of his Rule 60(b)(6) motion for relief from judgment. ECF No. 74. Petitioner argues that the court erred in recharacterizing his motion as a second or successive petition, that the Ninth Circuit’s denial of leave to file a second or successive petition should be vacated, and that this court erred by refusing to file his motion as a separate action. Id. Pursuant to Rule 11 of the Federal Rules Governing Section 2254 Cases, this court must issue or deny a certificate of appealability when it enters a final order adverse…