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RICHARDSON v. THOMAS

No. 18-3.

930 F.3d 587 (2019)

Timothy RICHARDSON, Petitioner-Appellee, v. Edward THOMAS, Warden, Central Prison, Raleigh, North Carolina, Respondent-Appellant.

United States Court of Appeals, Fourth Circuit.

Decided: July 12, 2019.

Attorney(s) appearing for the Case

ARGUED: Jonathan Porter Babb , NORTH CAROLINA DEPARTMENT OF JUSTICE, Raleigh, North Carolina, for Appellant. Kenneth Justin Rose , KEN ROSE, Durham, North Carolina, for Appellee. ON BRIEF: Josh Stein , Attorney General, OFFICE OF THE ATTORNEY GENERAL OF NORTH CAROLINA, Raleigh, North Carolina, for Appellant. Stanley F. Hammer , WYATT, EARLY, HARRIS & WHEELER, LLP, High Point, North Carolina, for Appellee.

Vacated and remanded with instructions by published opinion. Senior Judge Traxler wrote the opinion, in which Judge Motz and Judge Keenan concurred.

Timothy Richardson filed a motion under Federal Rule of Civil Procedure 60(b)(6), seeking to reopen the district court's final judgment dismissing his Eighth Amendment, intellectual disability claim on the merits under 28 U.S.C. § 2254(d). The motion was based upon the United States Supreme Court's subsequent...

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