Shields

1 UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION 5 UNITED STATES OF AMERICA, Case No. 12-cr-00410-BLF-1 Case No. 17-cv-03978-BLF Plaintiff,

v. ORDER DENYING CERTIFICATE OF

APPEALABILITY RE ORDER

MELVIN RUSSELL “RUSTY” SHIELDS, DENYING DEFENDANT SHIELDS’ RULE 59(e) MOTION Defendant. [Re: ECF 552]

12 On January 21, 2020, this Court denied Defendant Melvin Russell “Rusty” Shields’ motion for relief under 28 U.S.C. § 2255, and his request for an evidentiary hearing on that motion. See Order Denying § 2255 Motion, ECF 545. The Court denied a certificate of appealability. See id. Judgment was entered on January 21, 2020. See Judgment, ECF 546. Shields thereafter filed both a notice of appeal and a motion for reconsideration under Federal Rule of Civil Procedure 59(e). See Notice of Appeal, ECF 549; Rule 59(e) Motion, ECF 551. On March 12, 2020, this Court denied the Rule 59(e) motion after determining that the motion was untimely and…