Crutsinger v. Davis, No. 18-70027 (5th Cir. 2019)Annotate this Case
Petitioner appealed the district court's order transferring his motion for relief from judgment under Federal Rule of Civil Procedure 60(b)(6) to this court. The Fifth Circuit held that the motion was not a successive habeas petition and therefore vacated the order of transfer. However, based on circuit precedent binding on this panel, the court held that it lacked jurisdiction to treat the transfer order and defendant's requests for relief in this court as a request for a certificate of appealability. Therefore, the court remanded to the district court for further proceedings.
The court issued a subsequent related opinion or order on July 19, 2019.