United States v. Duran, No. 11-4137 (10th Cir. 2012)
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Pro se prisoner Defendant James Duran sought a certificate of appealability (COA) to appeal the district court's denial of his "Rule 60(b)" motion for reconsideration of his previously denied motion for post-conviction relief. Following a jury trial, Defendant was convicted of multiple counts of violating federal drug and firearm laws. The Tenth Circuit affirmed Defendant's convictions on appeal, concluding that neither the issues raised by counsel nor the issues raised by Defendant in a pro se brief had any merit. Defendant thereafter filed a motion under section 2255, raising seven grounds for relief with seventy-six subissues. The district court denied Defendant's 2255 motion on the merits; the Tenth Circuit subsequently denied Defendant's request for a COA and dismissed the matter. Subsequently, Defendant filed three motions in the district court: (1) to set aside the court's order denying 2255 relief; (2) to have all legal correspondence stamped in red ink as legal mail; and (3) to disqualify or recuse the presiding district judge. After the district court's denial of his motions, Defendant sought a second COA to appeal from the district court's last order. Finding that "reasonable jurists also could not debate the district court's decision to dismiss the claim," the Tenth Circuit denied Defendant's request for a COA and dismissed his appeal.
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