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MORRIS v. HORN

No. 98-9008.

187 F.3d 333 (1999)

Kelvin X. MORRIS, No. AS-1924 v. Martin HORN, Commissioner, Pennsylvania Department of Corrections; James S. Price, Superintendent of the State Correctional Institution at Greene; and Joseph Mazurkiewicz, Superintendent of the State Correctional Institution at Rockview, Kelvin X. Morris, Appellant.

United States Court of Appeals, Third Circuit.

Filed: August 9, 1999.

As Amended August 25, 1999.

Attorney(s) appearing for the Case

Robert Brett Dunham, Stuart B. Lev (Argued), Defender Association of Philadelphia, Federal Court Division, Philadelphia, PA, for Appellant.

Peter J. Gardner (Argued), Assistant United States Attorney, Donna G. Zucker, Chief, Federal Litigation, Ronald Eisenberg, Deputy District Attorney, Law Division, Arnold Gordon, First Assistant District Attorney, Lynne Abraham, District Attorney, Philadelphia District Attorney's Office, Philadelphia, PA, for Appellees.

Before: BECKER, Chief Judge, GREENBERG and COWEN, Circuit Judges.

OPINION OF THE COURT

BECKER, Chief Judge.

Kelvin X. Morris, a death-sentenced prisoner, seeks a Certificate of Appealability (CAPP) so that he can challenge the District Court's refusal to give him a form of Rule 60(b) relief that would operate in an unusual way upon the federal habeas corpus proceedings pending in the District Court. The District Court dismissed Morris's habeas petition because he had not exhausted state remedies on all of his claims; his...

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