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TYLER v. ANDERSON

No. 13-4036.

749 F.3d 499 (2014)

Arthur TYLER, Petitioner-Appellant, v. Carl S. ANDERSON, Warden, Respondent-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: April 15, 2014.

Rehearing En Banc Denied May 13, 2014.

Attorney(s) appearing for the Case

ARGUED: Alan C. Rossman , Office of the Federal Public Defender/Capital Habeas Unit, Cleveland, Ohio, for Appellant. Charles L. Wille , Office of the Ohio Attorney General, Columbus, Ohio, for Appellee. ON BRIEF: Alan C. Rossman , Vicki Ruth Adams Werneke , Lori B. Riga , Office of the Federal Public Defender/Capital Habeas Unit, Cleveland, Ohio, for Appellant. Charles L. Wille , Office of the Ohio Attorney General, Columbus, Ohio, for Appellee.

Before: GIBBONS, ROGERS, and SUTTON, Circuit Judges.

OPINION

JULIA SMITH GIBBONS, Circuit Judge.

Arthur Tyler, an Ohio inmate sentenced to death for the 1983 murder of Sander Leach, filed in the district court in 2013 an amended motion for relief from judgment pursuant to Federal Rule of Civil Procedure 60(b)(6). The judgment from which Tyler sought relief was entered in 2002. In his amended motion, Tyler requested relief from the denial of his petition for a writ of habeas corpus, alleging the district court...

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