Case: 13-14386    Date Filed: 04/15/2015   Page: 1 of 2


                                                             [DO NOT PUBLISH]


               IN THE UNITED STATES COURT OF APPEALS

                        FOR THE ELEVENTH CIRCUIT
                          ________________________

                                 No. 13-14386
                             Non-Argument Calendar
                           ________________________

                   D.C. Docket Nos. 6:13-cv-00077-BAE-GRS,
                             6:02-cr-00008-BAE-1


WILLIAM ERIC GREEN,
                                                               Petitioner-Appellant,


                                       versus


UNITED STATES OF AMERICA,
                                                             Respondent-Appellee.

                           ________________________

                   Appeal from the United States District Court
                      for the Southern District of Georgia
                         ________________________

                                  (April 15, 2015)

Before WILLIAM PRYOR, JULIE CARNES and FAY, Circuit Judges.

PER CURIAM:

      William Green, a federal prisoner, appeals the dismissal sua sponte of his

third motion to vacate as untimely. See 28 U.S.C. § 2255(f). The district court
              Case: 13-14386     Date Filed: 04/15/2015    Page: 2 of 2


issued a certificate of appealability on two issues: (1) “Whether Stewart v. United

States, 

(11th Cir. 2011), justifies equitable tolling of 28 U.S.C.

§ 2255(f)’s one year statute of limitations given Green’s diligent pursuit of his

claims both pre- and post-Stewart”; and (2) “Whether the Stewart decision itself

constitutes a new fact that restarts the one year limitations period.” But the

certificate fails to identify an issue of constitutional magnitude. See Spencer v.

United States, 

, 1137 (11th Cir. 2014) (en banc). We vacate the

certificate of appealability and remand for the district court to consider what

claims, if any, in Green’s motion “ma[k]e a substantial showing of the denial of a

constitutional right.” 28 U.S.C. § 2253(c).

      VACATED AND REMANDED.




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