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MITCHELL v. REES

No. 09-5570.

651 F.3d 593 (2011)

Joe Clark MITCHELL, Petitioner, v. John REES, Warden, Respondent.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: June 30, 2011.

Attorney(s) appearing for the Case

ARGUED: Paul R. Bottei, Office of the Federal Public Defender, Nashville, Tennessee, for Appellant. Jennifer L. Smith, Office of the Tennessee Attorney General, Nashville, Tennessee, for Appellee. ON BRIEF: Paul R. Bottei, Office of the Federal Public Defender, Nashville, Tennessee, for Appellant. Jennifer L. Smith, Office of the Tennessee Attorney General, Nashville, Tennessee, for Appellee.

Before: BATCHELDER, Chief Judge; BOGGS and GIBBONS, Circuit Judges.

OPINION

ALICE M. BATCHELDER, Chief Judge.

Petitioner Joe Clark Mitchell appeals the district court's denial of his motion for relief from judgment, which he brought as an "independent action" in equity, as provided for by Federal Rule of Civil Procedure 60(d)(1). We AFFIRM.

I.

This is Mitchell's fourth appearance in this court. See Mitchell v. Rees (Mitchell I), 114 F.3d 571 (6th Cir.1997); Mitchell...

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