Opinion
03 CIV. 6987 (DLC).
March 27, 2008
MEMORANDUM OPINION ORDER
On September 10, 2003, Stanley Jackson ("Jackson") filed a petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2254, challenging his conviction at trial in 1998. In an Opinion and Order dated October 10, 2006, Jackson's petition was denied. On March 17, 2008, this Court's Pro Se Office received from Jackson a motion for reconsideration pursuant to Fed.R.Civ.P. 60(b). In this motion, Jackson attacks his conviction but not the habeas proceeding before this Court.
When faced with a Rule 60(b) motion that attacks a movant's underlying conviction and not the integrity of the federal habeas proceeding, a district court may deny the motion as beyond the scope of Rule 60(b). Alternatively, the court may give the movant an opportunity to withdraw the motion before treating it as a second habeas petition and transferring it to the Court of Appeals as a successive habeas petition. See Harris v. United States, 367 F.3d 74, 82 (2d Cir. 2004). Accordingly, it is hereby
ORDERED that Jackson's Rule 60(b) motion is denied.
SO ORDERED: