Legal Opinion
Maurice Carl Gitten v. United States
Court of Appeals for the Second Circuit
Decided November 1, 2002No. Docket 02-3621PublishedCited by 49 opinions
1Opinion of the Court
JON O. NEWMAN, Circuit Judge.
The pending application for leave to file a successive collateral attack on a criminal conviction requires consideration of the procedures to be followed by district courts when a motion for relief under Rule 60(b) of the Federal Rules of Civil Procedure, challenging a denial of a collateral attack, also includes one or more claims that appear to constitute a second collateral attack on the same conviction. We conclude that a district court has some flexibility in handling such situations, but must be careful not to precipitously treat a Rule 60(b) motion as a…
2Cases cited9 opinions
- Benito Jiminian, - V- John Nash, Warden Fci Ray BrookCourt of Appeals for the Second Circuit · 2001
- Eric Adams v. United StatesCourt of Appeals for the Second Circuit · 1998
- Robert Rodriguez v. Robert Mitchell, Superintendent, Eastern Correctional Facility, and Eliot Spitzer, Attorney General, State of New YorkCourt of Appeals for the Second Circuit · 2001
- Paul Kellogg v. Wayne StrackCourt of Appeals for the Second Circuit · 2001
- Willie Carter v. United StatesCourt of Appeals for the Second Circuit · 1998
4 more not listed; retrieve them via the Exa API.
3Cited by49 opinions
- United States v. Paul Winestock, Jr.Court of Appeals for the Fourth Circuit · 2003
- Alonzo Cook v. New York State Division of Parole, and New York State Board of ParoleCourt of Appeals for the Second Circuit · 2003
- Roy William Harris v. United StatesCourt of Appeals for the Second Circuit · 2004
- Cecil Simon, A.K.A. Cecil Jackson v. United StatesCourt of Appeals for the Second Circuit · 2004
- Maurice Gittens v. Fredrick Menifee, Warden FciCourt of Appeals for the Second Circuit · 2005
44 more not listed; retrieve them via the Exa API.