Stevens v. Miller, No. 11-5343 (2d Cir. 2012)Annotate this Case
Petitioner was convicted of Robbery in the Third Degree. The State subsequently appealed from an order of the district court denying the State's motion under Rule 60(b)(6) to vacate the district court's grant of habeas relief to petitioner more than a year earlier. The court found that the State's motion was nothing more than an attempted end-run around the one year time limitation on a Rule 60(b)(1) motion, which allowed the district court to relieve a party from a final judgment or order for mistake, inadvertence, surprise, or excusable neglect. Therefore, the court held that the district court did not abuse its discretion in denying the State's Rule 60(b)(6) motion.