· 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 CourtListenerSourced from CourtListener / Free Law Project (CC0).
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