ARTHUR v. THOMAS

No. 12-13952.

739 F.3d 611 (2014)

Thomas D. ARTHUR, Petitioner-Appellant, v. Kim Tobias THOMAS, Interim Commissioner, Alabama Department of Corrections, in his official capacity, Respondent-Appellee.

United States Court of Appeals, Eleventh Circuit.

January 6, 2014.


HULL, Circuit Judge:

Death row inmate Thomas Arthur appeals the denial of his Federal Rule of Civil Procedure 60(b)(6) Motion for Relief from Judgment. Arthur asserts that the Supreme Court's issuance of its decision in Martinez v. Ryan, 566 U.S. ___, 132 S.Ct. 1309, 182 L.Ed.2d 272 (2012), constitutes an extraordinary circumstance under Rule 60(b)(6) sufficient to justify the reopening of the final judgment in his prior 28...

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