United States Second Circuit

A district court has some flexibility, but must be careful not to precipitously treat an FRCP 60(b) motion as a second collateral attack requiring referral to circuit courts to discharge its "gate-keeping" function under 28 U.S.C. section 2244, concerning successive applications for habeas corpus.

Appellate Information

• Decided 11/01/2002
• Published 11/04/2002

Judges

• JON O. NEWMAN, Circuit Judge., Before NEWMAN and POOLER, Circuit Judges, and JONES, District Judge.

Court

• United States Second Circuit

Counsel

• For Appellant:
  
• Maurice Carl Gitten, pro se, Otisville, NY.


• For Appellees:
  
• James B. Comey, U.S. Atty., Andrew J. Ceresney, Asst. U.S. Atty., New York, NY, submitted papers for Respondent-Appellee.