United States Ex Rel. Cubicutti v. Vincent

GURFEIN, Circuit Judge,

sitting by designation.

NATURE OF PROCEEDINGS:

Petitioner, a state prisoner presently incarcerated in Green Haven Correctional Facility, has made application pursuant to Rule 60(b)(6) of the Federal Rules of Civil Procedure for an order va cating and setting aside the Court’s previous decision of March 29, 1974, dismissing his petition for a writ of habeas corpus for his failure to comply with the requirements of 28 U.S.C. § 2254(b) and (c); to wit, failure to present the same claims made here in the state courts on direct appeal from his conviction. Picard v. Connor, 404…