· 4/25/2003
United States v. Paul Winestock, Jr.
Citations
- 340 F.3d 200
- 2003 U.S. App. LEXIS 7941
- 2003 WL 1949822
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding that “a district court has no discretion to rule on a Rule 60(b) motion that is functionally equivalent to a successive” § 2255 motion
- holding that district court must examine motions to reconsider in collateral review cases to determine whether they are tantamount to successive applications
- holding that in the context of a motion under § 2255, “[i]n the absence of pre-filing authorization, the district court lacks jurisdiction to consider an application containing abusive or repetitive claims”
- stating that district court lacks jurisdiction to consider successive application filed without authorization
- holding that a district court must treat a Rule 60(b
- stating that “a motion directly attacking the prisoner’s conviction or sentence will usually amount to a successive application”
Source: CourtListener parenthetical corpus (CC0).
Judges: Wilkins, Luttig, Gregory
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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