Leonardo Franqui v. State of Florida, No. 09-12626 (11th Cir. 2011)
Annotate this CasePetitioner filed a motion for relief from the district court's judgment pursuant to Federal Rule of Civil Procedure 60(b) after his habeas petition, 28 U.S.C. 2254, was denied on the merits by the district court. At issue was whether petitioner's motion for relief from the district court's judgment was a true Rule 60(b) motion or was, instead, a second or successive habeas petition where petitioner alleged that his attorney failed to raise a specific federal habeas claim which petitioner believed to be particularly strong. The court held that petitioner's motion raised a new habeas claim without first securing the court's permission to file a second or successive heabeas petition and therefore, the district court lacked lacked-subject matter jurisdiction to consider petitioner's claim.
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