United States Eleventh Circuit

Denial of motion seeking post-judgment relief under rule 60(b), Fed. R. Civ. P., where motion was made on the ground that former habeas counsel perpetrated a fraud on the court, is vacated as petitioner's Rule 60(b) motion was not a second or successive habeas petition as construed by the district court.

Appellate Information

• Decided 07/03/2007
• Published 07/03/2007

Judges

• PER CURIAM:, Before EDMONDSON, Chief Judge, and DUBINA and PRYOR, Circuit Judges.

Court

• United States Eleventh Circuit

Counsel

• For Appellant:
  
• Martin J. McClain (Court-Appointed), Wilton Manors, FL, for Petitioner-Appellant.


• For Appellees:
  
• Ronald Alan Lathan, Jr., Tallahassee, FL, for Respondents-Appellees.