GITTEN v. U.S.

Docket No. 02-3621.

311 F.3d 529 (2002)

Maurice Carl GITTEN, Petitioner-Appellant, v. UNITED STATES of America, Respondent-Appellee.

United States Court of Appeals, Second Circuit.

Decided November 1, 2002.


Attorney(s) appearing for the Case

Maurice Carl Gitten, pro se, Otisville, NY.

James B. Comey, U.S. Atty., Andrew J. Ceresney, Asst. U.S. Atty., New York, NY, submitted papers for Respondent-Appellee.

Before NEWMAN and POOLER, Circuit Judges, and JONES, District Judge.


JON O. NEWMAN, Circuit Judge.

The pending application for leave to file a successive collateral attack on a criminal conviction requires consideration of the procedures to be followed by district courts when a motion for relief under Rule 60(b) of the Federal Rules of Civil Procedure, challenging a denial of a collateral attack, also includes one or more claims that appear to constitute a second collateral attack on the same conviction. We conclude that a district...

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