District court's order denying death-row inmate's claim for relief under Federal Rule of Civil Procedure 60(b)(6) is affirmed as a movant that seeks relief under Rule 60(b) must show extraordinary circumstances justifying the reopening of a final judgment and, in this case, the motion fails because the defendant cannot prove by clear and convincing evidence that the warden committed fraud on the court.
Argued: August 5, 2009
Decided and Filed: October 30, 2009
Opinion by Circuit Judge Suhrheinrich
For Appellant: Joseph E. Wilhelm, Federal Public Defender's Office, Cleveland, Ohio
For Appellee: Thomas E. Madden, Office of the Ohio Attorney General, Columbus, Ohio