Zeitvogel v. Bowersox, 96-4133
| Decision Date | 10 December 1996 |
| Docket Number | No. 96-4133,96-4133 |
| Citation | 103 F.3d 56 |
| Parties | Richard ZEITVOGEL, Petitioner, v. Michael BOWERSOX, Respondent. |
| Court | U.S. Court of Appeals — Eighth Circuit |
Before FAGG and BOWMAN, Circuit Judges, and HENLEY, Senior Circuit Judge.
Richard Zeitvogel, a Missouri death-row inmate, has applied for a certificate of appealability from the district court's denial of his Fed.R.Civ.P. 60(b) motion for relief from the earlier denial of his first amended habeas petition. Having carefully reviewed the matter, we conclude the district court properly denied Zeitvogel's motion. Zeitvogel based his Rule 60(b) motion on the same grounds that we already rejected in denying Zeitvogel's motion for leave to file a second habeas petition. Zeitvogel v. Bowersox, 103 F.3d 54 (8th Cir.1996). We thus deny Zeitvogel's application for a certificate of appealability, and his accompanying motion for a stay of execution.
To continue reading
Request your trial
-
Gonzalez v. Secretary for Dept. of Corrections
...(7th Cir.2000); Morris v. Horn, 187 F.3d 333, 336 (3d Cir.1999); Langford v. Day, 134 F.3d 1381, 1382 (9th Cir.1998); Zeitvogel v. Bowersox, 103 F.3d 56, 57 (8th Cir.1996). The only court of appeals to go the other way, the Fifth Circuit, has offered no explanation for its different directi......
-
Reid v. Angelone
...336 (3d Cir.1999) (same); Langford v. Day, 134 F.3d 1381, 1383 (9th Cir.1998) (per curiam order) (same); Zeitvogel v. Bowersox, 103 F.3d 56, 57 (8th Cir.1996) (per curiam order) (same). The only court to depart from this consensus is the Fifth Circuit, which has held that no COA is required......
-
U.S. v. Vargas
...369 F.3d 363, 369 (4th Cir.2004); Rutledge v. United States, 230 F.3d 1041, 1046-47 (7th Cir.2000); Zeitvogel v. Bowersox, 103 F.3d 56, 57 (8th Cir.1996) (per curiam order); Langford v. Day, 134 F.3d 1381, 1383 (9th Cir.1998); Gonzalez, 366 F.3d at 1262-67 (11th Cir.2004). We now make it Se......
-
U.S. v. Lambros
...merits of appeal before appellate court), cert. denied, 537 U.S. 1040, 123 S.Ct. 582, 154 L.Ed.2d 464 (2002); Zeitvogel v. Bowersox, 103 F.3d 56 (8th Cir.1996) (per curiam) (published order denying certificate in appeal from denial of Rule 60(b) motion seeking relief from order denying habe......