Billy Crutsinger v. Lorie Davis, Director

PRISCILLA R. OWEN, Circuit Judge:

Billy Jack Crutsinger appeals from the district court's order transferring his motion for relief from judgment under Federal Rule of Civil Procedure 60(b)(6) to this court. The district court held that Crutsinger's motion was a second-or-successive petition for habeas relief within the meaning of 28 U.S.C. § 2244 (b)(1), and therefore, that the court lacked jurisdiction. We conclude that the motion was not a successive habeas petition and therefore vacate the order of transfer. However, based on circuit precedent binding on this panel, we conclude that we lack…