Victor C. Fourstar v. Missoula County Sheriff Jeremiah Peterson

Summary

The United States District Court for the District of Montana denied Victor C. Fourstar’s motion for a certificate of appealability. The court held that Fourstar had not shown that reasonable jurists could debate either the denial of his motion to reopen under Federal Rule of Civil Procedure 60(b) or the dismissal of his underlying habeas petition. The order was entered after the court previously dismissed his pretrial-detainee habeas claims as unexhausted and subject to Younger abstention.

Holdings

1. Fourstar was not entitled to relief under Rule 60(b) because he failed to establish any ground under Rule 60(b)(1)-(5) or extraordinary circumstances under Rule 60(b)(6).
2. Fourstar was not entitled to a certificate of appealability because he did not show that reasonable jurists could debate either the denial of Rule 60(b) relief or whether his underlying habeas petition stated a valid constitutional claim.

Questions Presented

1. Whether Fourstar was entitled to relief from the dismissal judgment under Federal Rule of Civil Procedure 60(b).
2. Whether Fourstar was entitled to a certificate of appealability to appeal the denial of his motion to reopen and the dismissal of his underlying habeas petition.

Disposition

cert_denied