Cleve Foster v. Rick Thaler, Director

PER CURIAM: *

IT IS ORDERED that Cleve Foster’s motion for a stay of execution is DENIED. We also determine that the district court properly denied the Rule 60(b) motion. AFFIRMED.

Foster requests a Certificate of Appeal-ability challenging the district court’s denial of relief. See 28 U.S.C. § 2253(e). Foster’s COA request relies on a Supreme Court decision handed down on March 20, 2012. See Martinez v. Ryan, — U.S. -, 132 S.Ct. 1309, 182 L.Ed.2d 272 (2012). The Court recognized a new basis to excuse a state prisoner who has brought federal habeas claims from being held procedurally barred for…