United States v. Allen

ORDER DENYING CERTIFICATE

OF APPEALABILITY *

Defendant Meldon Allen applies for a certificate of appealability (COA) to secure review of a district court order that dismissed a motion he filed, ostensibly for relief under Fed.R.Civ.P. 60(b)(6), as an unauthorized second or successive motion for relief under 28 U.S.C. § 2255. While our reasoning differs somewhat from the district court, we deny a COA and dismiss the appeal.

Just a few facts from Mr. Meldon’s procedural history are material to our resolution of this matter. He was convicted of several drug-related offenses in 2003 and received a…