Rufus West v. Richard Schneiter, Warden, Wisconsin Secure Program Facility

EASTERBROOK, Chief Judge.

Does a prisoner who wants to appeal from the denial of a post-judgment motion in a collateral proceeding need a certificate of appealability under 28 U.S.C. § 2253(c)? We give an affirmative answer, conclude that this petitioner is not entitled to a certificate, and dismiss the appeal.

Rufus West applied for a writ of habeas corpus under 28 U.S.C. § 2254 and lost on the ground that his application was untimely. After the Supreme Court held in Gonzalez v. Crosby, 545 U.S. 524, 125 S.Ct. 2641, 162 L.Ed.2d 480 (2005), that a post-judgment motion in a federal collateral…