United States Second Circuit

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Stevens v. Miller, 11-5343

A district court's denial of the state's Rule 60(b)(6) motion to vacate a grant of habeas relief is affirmed, where the motion was nothing more than an untimely Rule 60(b)(1) motion masquerading as a Rule 60(b)(6) motion, and the trial court did not abuse its discretion in denying it.

Appellate Information

  • Decided 04/10/2012
  • Published 04/10/2012


  • Wesley


  • United States Second Circuit


  • For Appellant:
  • Alyson Gill, Richard Joselson