Larry Wayne Kimes v. United States

ISSUE NO. 1 Kimes’ judge, the Honorable Fred S. Biery, admitted in open court and dn'the record that he did not “read” Fifth Circuit law. Does a federal judge have a mandatory duty to review, interpret, and consider all laws set forth in pleadings before the court, before granting or denying the various motions? ISSUE NO. 2 In the district court, after discovering Judge Biery’s failure to follow the law, Kimes filed a second Rule 60 Motion. The district court construed the Rule 60 Motion as a second or successive 2255 Motion, reclassified it, and then denied it, despite the motion being clearly filed pursuant to Rule 60. Was it abuse of discretion or reversible error for the Court to reclassify the Rule 60 Motion as a Section 2255 Motion and then deny it? ISSUE NO. 3 After being denied in district court, Kimes applied for a certificate of appealability in the Fifth Circuit. The application was denied. Did the Fifth Circuit err or abuse its discretion when denying the application for the certificate of appealability?