Robert Rodriguez v. Robert Mitchell, Superintendent, Eastern Correctional Facility, and Eliot Spitzer, Attorney General, State of New York

LEVAL, Circuit Judge:

Petitioner, Robert Rodriguez, seeks: (1) a certificate of appealability, authorizing him to appeal the denial of his motion under Fed.R.Civ.P. 60(b) to vacate a judgment entered by the United States District Court for the Eastern District of New York (Jack B. Weinstein, District Judge), denying his petition for a writ of habeas corpus; and (2) authorization to file a second habeas petition.

Respondents contend the motion under Rule 60(b) is a second or successive petition, subject to the standards of the Anti-terrorism and Effective Death Penalty Act of 1996 (“AEDPA”), 28…