Gilkers v. Vannoy, No. 16-30279 (5th Cir. 2018)Annotate this Case
The Fifth Circuit affirmed the district court's denial of petitioner's Federal Rule of Civil Procedure 60(b) motion seeking relief from the district court's judgment denying his 28 U.S.C. 2254 petition for a writ of habeas corpus. The court held that the district court did not err in determining that the Rule 60(b) motion should be construed as a successive section 2254 petition, requiring authorization from this court prior to filing as set forth in 28 U.S.C. 2244(b)(3).