Hernandez v. Thaler

In substance, petitioner-appellant Alfred Hernandez seeks a certificate of appealability (a “COA”) granting him permission to appeal the district court’s denial of his motion for relief from judgment under Federal Rule of Civil Procedure 60(b)(6). The judgment in question applied the then-controlling rule of Salinas v. Dretke 1 and dismissed Hernandez’s habeas petition as barred by limitations. Hernandez argues that if the district court had applied the rule announced in Jimenez v. Quarter-man, 2 it would have determined that his petition was timely filed. On this point, Hernandez is right.…