United States v. Cleaver

ORDER

DAVID M. EBEL, Circuit Judge.

Defendant-Appellant James Floyd Cleaver seeks a certificate of appealability (“COA”), see 28 U.S.C. § 2253(c), that would enable him to appeal the district court’s decision denying his Fed.R.Civ.P. 60(b)(6) motion. Because Cleaver has failed to establish that he is entitled to a COA, we DISMISS this appeal. 1

I. Background

A jury convicted Cleaver of 1) destroying government property by fire, 2) forcibly interfering with Internal Revenue Service (“IRS”) employees and administration, 3) suborning perjury, and 4) tampering with a witness. See United States v.…