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· 8/19/2004

James Mario Pridgen v. Shannon the District Attorney of the County of Lancaster the Attorney General of the State of Pennsylvania

Citations

  • 380 F.3d 721
  • 59 Fed. R. Serv. 3d 517
  • 2004 U.S. App. LEXIS 17571
  • 2004 WL 1852940

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • holding that “when the Rule 60(b) motion seeks to collaterally attack the petitioner's underlying conviction, the motion should be treated as a successive habeas petition.”
  • holding that a district court may address a Rule 60(b) motion that challenges the proceedings surrounding an earlier habeas judgment rather than the underlying state conviction itself
  • holding that a district court “properly exercised jurisdiction” over part of a Rule 60(b) motion where the movant’s argument constituted “an attack on the habeas proceeding” and not the “underlying state conviction”
  • holding that a Rule 60 motion may be adjudicated if its “factual predicate . . . attacks the manner in which the earlier habeas judgment was procured and not the underlying conviction”
  • holding trial court “properly exercised jurisdiction” over a Rule 60(b) motion, without the movant having first obtained approval under § 2244(b), where movant’s argument was “an attack on the habeas proceeding, rather than on [his] underlying state conviction”
  • explaining that we may only consider the substance of a Rule 60(b) motion “in those instances in which the factual predicate of [the] motion attacks the manner in which the earlier habeas judgment was procured and not the underlying conviction”

Source: CourtListener parenthetical corpus (CC0).

Judges: Ambro, Fuentes, Chertoff

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.