Juda

United States v. Juda

Good Law
207 F. App'x 757
United States Court of Appeals for the Ninth CircuitNovember 14, 2006No. 06-15386California287 words

Opinion

Lead Opinion

MEMORANDUM **

Federal prisoner Olaf Peter Juda appeals pro se from the district court’s order denying his Federal Rule of Civil Procedure 60(b) motion. We have jurisdiction pursuant to 28 U.S.C. § 1291 , and we affirm.

Juda contends that the district court erroneously construed his Rule 60(b) motion as an attempt to file a successive federal habeas motion under 28 U.S.C. § 2255 . However, because Juda’s Rule 60(b) motion seeks to relitigate issues on the merits, we conclude that the district *758 court properly treated his motion as a second or successive § 2255 motion. See Gonzalez v. Crosby, 545 U.S. 524 , 125 S.Ct. 2641, 2649 , 162 L.Ed.2d 480 (2005) (“[A] Rule 60(b) motion that seeks to revisit the federal court’s denial on the merits of a claim for relief should be treated as a successive habeas petition.”); Thompson v. Calderon, 151 F.3d 918, 921 (9th Cir.1998) (en banc). Juda did not obtain authorization to file a successive § 2255 motion, and thus the district court lacked jurisdiction to consider his claims. See 28 U.S.C. §§ 2244 (b)(3) and 2255; see also United States v. Allen, 157 F.3d 661, 664 (9th Cir.1998).

Juda’s request that this court construe his appeal as a…

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