LARRY EDWARD ADAMS V. E. K. MCDANIEL ET AL

Filing 259

ORDER petitioners request to entertain a motion for relief pursuant to Rule 60(b) of the Federal Rules of Civil Procedure 250 is DENIED. Signed by Judge Kent J. Dawson on 12/27/11. (Copies have been distributed pursuant to the NEF - ECS)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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LARRY EDWARD ADAMS,

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Petitioner,

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vs.

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E.K. McDANIEL, et al.,

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Respondents.

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2:98-CV-1441-KJD-PAL
ORDER

On November 10, 2011, petitioner Adams filed a request that this court entertain a motion for

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relief from judgment pursuant to Rule 60(b) of the Federal Rules of Civil Procedure. Docket #250.

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Adams claims to have unearthed new evidence that is relevant to Ground Nine of his habeas petition,

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a Confrontation Clause claim that this court denied on the merits. According to Adams, this

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evidence establishes fraud occurred during his criminal trial with respect to the identity and

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background of one of the State’s witnesses.

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Having reviewed the material submitted by Adams in support of his request, this court

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concludes that the appropriate avenue of relief for Adams is to seek permission to file a successive

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petition pursuant to 28 U.S.C. § 2244(b). See Gonzalez v. Crosby, 545 U.S. 524, 531 (2005)

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(holding that use of Rule 60(b) to present substantive claims for relief would circumvent AEDPA1

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requirements set forth at § 2244(b)). As such, this court declines to entertain Adams’s proposed

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Antiterrorism and Effective Death Penalty Act of 1996.

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motion for relief pursuant to Rule 60(b).
IT IS THEREFORE ORDERED that petitioner’s request to entertain a motion for relief
pursuant to Rule 60(b) of the Federal Rules of Civil Procedure (docket #250) is DENIED.
DATED: December 27, 2011

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UNITED STATES DISTRICT JUDGE
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