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MOSES v. JOYNER

No. 15-2.

815 F.3d 163 (2016)

Errol Duke MOSES, Petitioner-Appellant, v. Carlton JOYNER, Warden, Central Prison, Respondent-Appellee.

United States Court of Appeals, Fourth Circuit.

Decided: March 8, 2016.

Attorney(s) appearing for the Case

ARGUED: Shelagh Rebecca Kenney , Center for Death Penalty Litigation, Durham, North Carolina, for Appellant. Peter Andrew Regulski , North Carolina Department of Justice, Raleigh, North Carolina, for Appellee. ON BRIEF: Kenneth J. Rose , Center for Death Penalty Litigation, Durham, North Carolina, for Appellant. Roy Cooper , Attorney General of North Carolina, North Carolina Department of Justice, Raleigh, North Carolina, for Appellee.

Affirmed by published opinion. Judge WILKINSON wrote the opinion, in which Chief Judge TRAXLER and Judge NIEMEYER joined.

Appellant Errol Moses challenges the district court's denial of his motion for relief from judgment pursuant to Federal Rule of Civil Procedure 60(b)(6). He argues that the court abused its discretion in finding that the motion was untimely under Rule 60(c). He further contends that the trial court erred in concluding that...

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