ZAKRZEWSKI v. McDONOUGH

No. 06-12804.

490 F.3d 1264 (2007)

Edward J. ZAKRZEWSKI, II, Petitioner-Appellant, v. James McDONOUGH, Secretary, Florida Department of Corrections, Bill McCollum, Attorney General of Florida, Respondents-Appellees.

United States Court of Appeals, Eleventh Circuit.

July 3, 2007.


Attorney(s) appearing for the Case

Martin J. McClain (Court-Appointed), Wilton Manors, FL, for Petitioner-Appellant.

Ronald Alan Lathan, Jr., Tallahassee, FL, for Respondents-Appellees.

Before EDMONDSON, Chief Judge, and DUBINA and PRYOR, Circuit Judges.


PER CURIAM:

Petitioner Edward J. Zakrzewski ("Petitioner") appeals the district court's denial of his motion seeking post-judgment relief pursuant to Fed.R.Civ.P. 60(b) on the basis that his former habeas counsel, John W. Nall ("Nall"), perpetrated a fraud on the court. The district court construed Petitioner's 60(b) motion to be a second or successive habeas petition and denied the motion for lack of jurisdiction. Because...

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