Timothy Richardson v. Edward Thomas

TRAXLER, Senior Circuit Judge:

Timothy Richardson filed a motion under Federal Rule of Civil Procedure 60(b)(6), seeking to reopen the district court's final judgment dismissing his Eighth Amendment, intellectual disability claim on the merits under 28 U.S.C. § 2254 (d). The motion was based upon the United States Supreme Court's subsequent decision in Hall v. Florida , 572 U.S. 701 , 134 S.Ct. 1986 , 188 L.Ed.2d 1007 (2014). The district court granted the motion, but certified this interlocutory appeal by the State under 28 U.S.C. § 1292 (b). Because Richardson's motion is the functional…