Johnson v. Davis (In Re Johnson)

LESLIE H. SOUTHWICK, Circuit Judge:

A Texas inmate whose execution is imminent has presented to us both a request to review the district court's denial of his Rule 60(b) motion for relief from a prior judgment and also a motion for permission to file a successive application for a writ of habeas corpus. We conclude there is no merit in the appeal and DENY review. On the other hand, we conclude that the motion for permission to file has demonstrated possible merit in a claim regarding a current intellectual disability that warrants full exploration by the district court. We GRANT the motion and…