Robert Ortega v. William Stephens, Director

JAMES L. DENNIS, Circuit Judge, in chambers:

Robert Lee Ortega, a Texas prisoner, seeks a certificate of appealability 'to appeal the district court’s denial of his Federal Rule of Civil Procedure 60(b) motion, which sought relief from the judgment dismissing his habeas corpus petition under 28 U.S.C. § 2254. The petition challenged his Texas conviction for assault of a public servant as a violation of the Constitution’s double jeopardy clause. For the reasons that follow, I will deny the motion.

In November 2000, Ortega had an altercation with a police officer of Woodsboro, Texas. The State of…