United States Tenth Circuit

An order denying a Rule 60(b) motion in a habeas case seeking relief from state court larceny convictions is vacated where the court lacked subject matter jurisdiction to rule on the merits of that motion. Authorization to file a second or successive section 2254 habeas petition is denied, and his request to proceed on appeal in forma pauperis is granted.

Appellate Information

• Decided 10/26/2006
• Published 10/26/2006

Judges

• EBEL, Circuit Judge., Before BRORBY and EBEL, Circuit Judges, and KANE, District Judge.

Court

• United States Tenth Circuit

Counsel

• For Appellant:
  
• Submitted on the briefs: , Raymond P. Moore, Federal Public Defender;  Howard A. Pincus, Assistant Federal Public Defender, Denver, CO, for Appellant.


• For Appellees:
  
• W.A. Drew Edmondson, Attorney General of Oklahoma;  Diane L. Slayton, Assistant Attorney General, Oklahoma City, OK, for Appellee.