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Carter v. Anderson, No. 08-3372

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.  

Read Carter v. Anderson, No. 08-3372

Appellate Information

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