RODWELL v. PEPE

No. 01-2411.

324 F.3d 66 (2003)

James J. RODWELL, Petitioner, Appellant, v. Peter A. PEPE, Jr., etc., Respondent, Appellee.

United States Court of Appeals, First Circuit.

Decided April 1, 2003.


Attorney(s) appearing for the Case

Kevin J. Reddington, for petitioner.

Dean A. Mazzone, Assistant Attorney General, with whom Thomas F. Reilly, Attorney General, was on brief, for respondent.

Before SELYA, Circuit Judge, STAHL, Senior Circuit Judge, and LYNCH, Circuit Judge.


SELYA, Circuit Judge.

The case at bar presents a question of first impression in this circuit regarding the circumstances under which a state prisoner may use Rule 60(b) of the Federal Rules of Civil Procedure as a vehicle for resurrecting a previously dismissed habeas petition. There are three principal schools of thought on this controversial subject. Some courts have held that Rule 60(b) remains fully velivolant in the habeas context. Others have held that the...

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