Roger C. Day, Jr. v. L. Steven Benton

Roger C. Day, Jr., a pro se state prisoner, appeals the dismissal of his Fed. R.Civ.P. 60 post-judgment motion challenging the dismissal without prejudice of his 28 U.S.C. § 2254 petition. The district court dismissed Day’s first habeas petition (Day I) in 2005 for failure to exhaust state remedies, after the state asserted that Day had not exhausted all remedies. Day responded in two ways: (1) he filed another habeas petition, which the district court dismissed as untimely in Day v. Hall, No. 5:06-CV-052, 2006 WL 2947109 (Day II), but we reversed and remanded the case for further…