Alfred Starling v. Warden Darrin Myers

Summary

The United States District Court for the Middle District of Georgia denied Alfred Starling’s application for a certificate of appealability concerning the denial of his Federal Rule of Civil Procedure 60(b) motion and motion to stay. The court concluded that no reasonable jurist could debate the denial of Rule 60(b) relief or the denial of a stay pending state habeas proceedings. The order was entered on February 23, 2026.

Holdings

1. A certificate of appealability is required to appeal the denial of a Rule 60(b) motion for relief from judgment in a proceeding under 28 U.S.C. § 2254.
2. Starling was not entitled to a certificate of appealability because no reasonable jurist could debate the district court's denial of Rule 60(b) relief or conclude that the appeal deserved further encouragement.
3. Starling was not entitled to a certificate of appealability concerning the denial of his motion to stay consideration of the Rule 60(b) motion.

Questions Presented

1. Whether Starling was entitled to a certificate of appealability to appeal the denial of his Rule 60(b) motion in the § 2254 proceeding.
2. Whether reasonable jurists could debate the district court's procedural ruling denying relief under Rule 60(b).
3. Whether Starling was entitled to a certificate of appealability concerning the denial of his motion to stay consideration of the Rule 60(b) motion pending state habeas proceedings.

Disposition

cert_denied