United States Sixth Circuit

Denial of habeas petitioner's motion pursuant to Fed. R. Civ. P. 59(e) to alter or amend a judgment denying his motion to vacate sentence is transferred back for reconsideration where a Rule 59(e) motion is not subject to the strict procedural requirements imposed on second or successive habeas petitions.

Appellate Information

• Decided 07/22/2008
• Published 07/22/2008

Judges

• Before:  BOGGS, Chief Judge;  ROGERS, Circuit Judge;  SHADUR, District Judge.

Court

• United States Sixth Circuit

Counsel

• For Appellees:
  
• ON BRIEF:  Timothy D. Oakley, Assistant United States Attorney, Cincinnati, Ohio, for Appellee.   Tommy Howard, Marion, Illinois, pro se.