Legal Opinion

Curry v. United States

Court of Appeals for the Seventh Circuit

Decided November 8, 2007No. 07-1658PublishedCited by 37 opinions

1Opinion of the Court

POSNER, Circuit Judge.

This appeal presents the recurring question of how the court of appeals should treat an appeal from the denial of a prison er’s motion under Fed.R.Civ.P. 60(b) to vacate the denial of postconviction relief that he had sought under either the provisions of the federal habeas corpus statute applicable to state prisoners, 28 U.S.C. §§ 2244, 2254; or, if as in this case he is a federal prisoner, under 28 U.S.C. § 2255, the federal prisoners’ habeas corpus substitute. There is quite a variety of answers on offer. See, e.g., United States v. Hardin, 481 F.3d 924, 926 (6th…

2Cases cited16 opinions

  1. Gonzalez v. CrosbySupreme Court of the United States · 2005
  2. Juanita Pope Reid v. Ronald J. Angelone, DirectorCourt of Appeals for the Fourth Circuit · 2004
  3. Spitznas v. BooneCourt of Appeals for the Tenth Circuit · 2006
  4. Jerry Montgomery v. Rondle Anderson, Warden, Indiana State PrisonCourt of Appeals for the Seventh Circuit · 2001
  5. Robert Benchoff v. Raymond ColleranCourt of Appeals for the Third Circuit · 2005

11 more not listed; retrieve them via the Exa API.

3Cited by37 opinions

  1. Ezell Gilbert v. United StatesCourt of Appeals for the Eleventh Circuit · 2011
  2. United States v. BuenrostroCourt of Appeals for the Ninth Circuit · 2011
  3. Duthie v. Matria Healthcare, Inc.District Court, N.D. Illinois · 2008
  4. York v. United StatesDistrict Court, N.D. Illinois · 2014
  5. Gilbert v. United StatesCourt of Appeals for the Eleventh Circuit · 2011

32 more not listed; retrieve them via the Exa API.

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