GLEN E. CONRAD, District Judge.
Defendant William A. White, a federal inmate proceeding
Rule 60(b) of the Federal Rules of Civil Procedure provides several grounds upon which a party may seek relief from a final judgment, order, or proceeding. Those grounds include: mistake, newly discovered evidence, fraud, a void judgment, a satisfied judgment, or any other reason that may justify relief. Fed. R. Civ. P. 60(b)(1)-(6). However, in cases that have proceeded under 28 U.S.C. § 2255, the district court "must examine Rule 60(b) motions . . . to determine whether such [a] motion is tantamount to [a] successive application."
Here, White attempts to challenge his sentence by raising the same grounds for relief as he did in his original § 2255. Specifically, he argues that he is actually innocent of the criminal conduct for which a jury found him guilty, that counsel provided ineffective assistance by failing to review discovery and present evidence at trial, that the prosecution engaged in misconduct by deliberately concealing evidence and presenting perjured testimony at trial, and that the court made numerous substantive errors. Therefore, his motion for reconsideration is, in fact, a second or subsequent motion under 28 U.S.C. § 2255(h).
The court may consider a second or successive § 2255 motion only upon specific certification from the United States Court of Appeals for the Fourth Circuit that a claim in the motion meets certain criteria.