Travis Santell Longmire v. Mark McCullick

Summary

The United States District Court for the Eastern District of Michigan denies Travis Santell Longmire a certificate of appealability concerning the denial of his Rule 60(d) motion for relief from judgment. The court concludes that Longmire failed to make a substantial showing of the denial of a constitutional right, demonstrate fraud, accident, or mistake, or establish the grave miscarriage of justice and actual innocence required for an independent action.

Holdings

1. A certificate of appealability is required for a habeas petitioner to appeal the denial of a Rule 60(d) motion seeking relief through an independent action.
2. Longmire was not entitled to a certificate of appealability because he failed to make a substantial showing of the denial of a constitutional right and failed to show that the district court's procedural ruling was incorrect or debatable.
3. Longmire was not entitled to relief under Rule 60(d) because he had prior opportunities to present his claim, failed to show fraud, accident, or mistake, and failed to establish actual innocence or a grave miscarriage of justice.

Questions Presented

1. Whether Longmire was entitled to a certificate of appealability to appeal the denial of his Rule 60(d) motion.
2. Whether Longmire made a substantial showing of the denial of a constitutional right or demonstrated that the district court's procedural ruling was debatable among reasonable jurists.
3. Whether Longmire could obtain independent-action relief under Rule 60(d) based on previously available claims, fraud, accident, mistake, or actual innocence.

Disposition

cert_denied