Furtado v. Maloney

Thomas M. Furtado seeks a certificate of appealability (COA) to appeal from the denial of his second Rule 60(b) motion to obtain relief from the dismissal of his petition under 28 U.S.C. § 2254 because it was “mixed,” containing both exhausted and unexhausted claims. Because the district court did not address the merits of Furtado’s claims, a COA should may issue if he has shown that “(1) the soundness of the procedural ruling is debatable, and (2) the constitutional claim is also colorable. Slack v. McDaniel, 529 U.S. 473, 484-85, 120 S.Ct. 1595, 146 L.Ed.2d 542 (2000).” Mateo v. United…