United States v. Russell E. Eggleston

U.S. Court of Appeals for the Eighth Circuit
United States v. Russell E. Eggleston, 24 F. App'x 656 (8th Cir. 2002)
Bowman, Bright, Loken, Per Curiam

United States v. Russell E. Eggleston

Opinion

[UNPUBLISHED]

PER CURIAM.

Russell Eggleston appeals the district court’s 1 denial of his Federal Rule of Civil Procedure 60(b) motion for relief from the judgment in his criminal case. He had previously sought relief under 28 U.S.C. § 2255. Having carefully reviewed the record, we agree with the district court that Rule 60(b) applies only to civil cases, that Eggleston is again seeking section 2255 relief, and that he did not receive the requisite authorization from this court before filing a second or successive application for a writ of habeas corpus. See 28 U.S.C. § 2244(b)(3)(A); Vancleave v. Norris, 150 F.3d 926, 928-29 (8th Cir. 1998). Accordingly, we affirm. See 8th Cir. R. 47A(a).

1

. The HONORABLE DAVID S. DOTY, United States District Judge for the District of Minnesota.

Reference

Full Case Name
UNITED STATES of America, Appellee, v. Russell Edward EGGLESTON, Appellant
Status
Unpublished