Raby v. Davis, No. 18-70018 (5th Cir. 2018)Annotate this Case
The Fifth Circuit denied petitioner's application for a certificate of appealability (COA) to challenge the denial of his Federal Rule of Civil Procedure 60(b)(6) motion. The court held that there were no extraordinary circumstances meriting Rule 60(b)(6) relief. The court held that, even if petitioner's claims were not procedurally defaulted under Martinez v. Ryan, 566 U.S. 1, 14 (2012), and Trevino v. Thaler, 569 U.S. 413, 428 (2013), he was ineligible for Rule 60(b)(6) relief. Furthermore, petitioner neither alleged racial discrimination nor demonstrated how his claims gave rise to the sort of pernicious injury that affects communities at large.