LYNCH v. BLODGETT

No. 92-36991.

999 F.2d 401 (1993)

John LYNCH, Petitioner-Appellant, v. James BLODGETT, et al., Respondents-Appellees.

United States Court of Appeals, Ninth Circuit.

July 13, 1993.


Attorney(s) appearing for the Case

John Lynch, pro se.

Thornton Wilson, Deputy Atty. Gen., Olympia, WA, for respondents-appellees.

Before: BROWNING, TANG and NORRIS, Circuit Judges.


ORDER

The issue before the court is whether a state prisoner who has petitioned for a writ of habeas corpus in federal court must obtain a certificate of probable cause to appeal the denial of a post-judgment motion for relief under Fed.R.Civ.P. 60(b). We conclude the petitioner must obtain a certificate of probable cause and remand this action to the district court for the limited purpose of determining whether a certificate of probable cause should issue.

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