Shields

1 2 UNITED STATES DISTRICT COURT 3 NORTHERN DISTRICT OF CALIFORNIA 4 SAN JOSE DIVISION 5 6 UNITED STATES OF AMERICA, Case No. 12-cr-00410-BLF-1 Case No. 17-cv-03978-BLF 7 Plaintiff,

8 v. ORDER DENYING CERTIFICATE OF

APPEALABILITY RE ORDER

9 MELVIN RUSSELL “RUSTY” SHIELDS, DENYING DEFENDANT SHIELDS’ RULE 59(e) MOTION 10 Defendant. [Re: ECF 552] 11

12 13 On January 21, 2020, this Court denied Defendant Melvin Russell “Rusty” Shields’ motion 14 for relief under 28 U.S.C. § 2255, and his request for an evidentiary hearing on that motion. See 15 Order Denying § 2255 Motion, ECF 545.1 The Court denied a certificate of appealability. See id. 16 Judgment was entered on January 21, 2020. See Judgment, ECF 546. 17 Shields thereafter filed both a notice of appeal and a motion for reconsideration under 18 Federal Rule of Civil Procedure 59(e). See Notice of Appeal, ECF 549; Rule 59(e) Motion, ECF 19 551. On March 12, 2020, this Court denied the Rule 59(e) motion after determining that the 20 motion was untimely and…