(DOWNLOAD) "Post v. Bradshaw" by United States Court of Appeals # eBook PDF Kindle ePub Free

eBook details

Title: Post v. Bradshaw
Author : United States Court of Appeals
Release Date : January 29, 2005
Genre: Law,Books,Professional & Technical,
Pages : * pages
Size : 65 KB

Description

The district court entered an order based upon the procedure outlined in First Natl Bank of Salem, Ohio v. Hirsch, 535 F.2d 343 (6th Cir. 1976), stating that it is inclined to grant Petitioner Posts FED. R. CIV. P. 60(b) ("Rule 60(b)") motion to vacate the judgment dismissing his habeas corpus petition in order to permit Post to undertake limited discovery. Following the entry of this order, Post filed a motion with this court seeking remand. Because the district court committed legal error by failing to recognize that the relief sought in the Rule 60(b) motion is barred by 28 U.S.C. Â§ 2254(i), and because Posts motion constitutes a second or successive habeas petition that the federal courts do not have the power to adjudicate, Posts motion for remand must be DENIED.