Legal Opinion
Paul Kellogg v. Wayne Strack
Court of Appeals for the Second Circuit
Decided October 9, 2001No. 2000PublishedCited by 84 opinions
1Per curiam
Paul Kellogg, pro se, moves for a certificate of probable cause (“CPC”), which we construe as a motion for a certificate of appealability (“COA”), permitting him to appeal an order entered by the United States District Court for the Southern District of New York, (Denise Cote, Judge). The order denied Kellogg’s Fed.R.Civ.P. 60(b) motion for relief from the District Court’s prior judgment denying his 28 U.S.C. § 2254 petition. This opinion considers whether a COA is required to appeal a district court’s denial of a Rule 60(b) motion for relief from judgment when the underlying judgment is a…
2Cases cited16 opinions
- Slack v. McDanielSupreme Court of the United States · 2000
- Stone v. Immigration & Naturalization ServiceSupreme Court of the United States · 1995
- Joseph Fama v. Commissioner of Correctional ServicesCourt of Appeals for the Second Circuit · 2000
- Gregory C. Jones, for the Estate of Barbara S. McEwen v. Sandra Lee Phipps, A/K/A Sandra R. PhippsCourt of Appeals for the Seventh Circuit · 1994
- Morris v. HornCourt of Appeals for the Third Circuit · 1999
11 more not listed; retrieve them via the Exa API.
3Cited by84 opinions
- Juanita Pope Reid v. Ronald J. Angelone, DirectorCourt of Appeals for the Fourth Circuit · 2004
- Spitznas v. BooneCourt of Appeals for the Tenth Circuit · 2006
- Gonzalez v. Secretary for the Department of CorrectionsCourt of Appeals for the Eleventh Circuit · 2004
- United States v. John Gregory LambrosCourt of Appeals for the Eighth Circuit · 2005
- United States v. Clifford WinklesCourt of Appeals for the Ninth Circuit · 2015
79 more not listed; retrieve them via the Exa API.