Opinion

HARRISON v. OLIVER

Court
District Court, W.D. Pennsylvania
Filed
Jan 2, 2025
Cited by
0 cases
Authority
More cited than 33.5%

“[I]n those instances in which the factual predicate of a petitioner’s Rule 60(b) motion attacks the manner in which the earlier habeas judgment was procured and not the underlying conviction, the Rule 60(b) motion may be adjudicated on the merits.”

How later courts described this case

  • “[I]n those instances in which the factual predicate of a petitioner’s Rule 60(b) motion attacks the manner in which the earlier habeas judgment was procured and not the underlying conviction, the Rule 60(b) motion may be adjudicated on the merits.”

Written by the judges who cited it.

The opinion

IN THE UNITED STATES DISTRICT COURT

FOR THE WESTERN DISTRICT OF PENNSYLVANIA

PITTSBURGH DIVISION

JI'HAAD AMORE HARRISON, )

)

) Civil Action No. 2:22-cv-01453-CBB

Petitioner, )

) Christopher B. Brown

vs. ) United States Magistrate Judge

)

SUPERINTENDENT LONNIE J. )

)

OLIVER, and DISTRICT ATTORNEY

)

OF MERCER COUNTY, )

)

)

Respondents.

MEMORANDUM OPINION DENYING “MOTION FOR RELIEF FROM

JUDGMENT PURSUANT TO FED.R.CIV. RULE 60(b)(1), 60(b)(2), and

60(b)(6)” (ECF No. 61)

Pending before the Court is Petitioner Ji’Haad Amore Harrison’s second

Motion for Relief from Judgment pursuant to Federal Rule of Civil Procedure

60(b(1), 60(b)(2), and 60(b)(6). ECF No. 61. For the reasons that follow, the motion

will be transferred to the United States Court of Appeals for the Third Circuit for

consideration as an application to file a successive petition as required under 28

U.S.C. § 2244(b)(3)(A).

I. Background and Procedural History

The background and procedural history of this case, as well as the

background of Harrison’s criminal proceedings, were described in detail in the

Court’s Memorandum Opinion of August 20, 2024, denying Harrison’s first motion

for relief pursuant to Rule 60(b). ECF No. 58. The Court transferred that motion to

the United States Court of Appeals for the Third Circuit for consideration as an

application to file a successive petition as required under 28 U.S.C. § 2244(b)(3)(A).

Id. On November 11, 2024, the Court of Appeals denied Harrison’s motion finding,

he has not satisfied the requirements for obtaining

authorization under § 2244 to file a new habeas petition,

as he has not made a prima facie showing that any of his

proposed claims relies on either “a new rule of

constitutional law, made retroactive to cases on collateral

review by the Supreme Court, that was previously

unavailable,” or newly discovered evidence that

demonstrates his actual innocence.

United States Court of Appeals for the Third Circuit, C.A. No. 24-2572, Order,

11/15/2024. (Document No. 8).

On December 5, 2024, Harrison filed the instant motion. ECF No. 61. It

appears he is moving to set aside the judgment dismissing his federal habeas

petition based on two new claims: (1) trial counsel failed to investigate the crime

scene and (2) the district attorney’s office withheld exculpatory material. Id. at 2-3.

II. The Pending Motion

As thoroughly explained in this Court’s August 20, 2024, Memorandum

Opinion, ECF No. 58, because this is a federal habeas action, the Court must

initially determine whether Harrison’s motion is actually an unauthorized second or

successive petition or whether it is a true Rule 60(b) motion. In the habeas context,

a motion labeled as a Rule 60(b) motion should be treated as a second or successive

petition if it “seeks to add a new ground for relief” from the underlying conviction or

“attacks the federal court’s previous resolution of a claim on the merits.” Gonzalez

v. Crosby, 545 U.S. 524, 532 (2005).

Conversely, the motion should be properly treated as a Rule 60(b) motion

when it “attacks, not the substance of a claim on the merits, but some defect in the

integrity of the federal habeas proceedings.” Id.; see Pridgen v. Shannon, 380 F.3d

721, 727 (3d Cir. 2004) (“[I]n those instances in which the factual predicate of a

petitioner’s Rule 60(b) motion attacks the manner in which the earlier habeas

judgment was procured and not the underlying conviction, the Rule 60(b) motion

may be adjudicated on the merits.”). Harrison may not circumvent AEDPA’s rules

by couching an unauthorized second or successive habeas petition as a motion under

Rule 60(b).

If the Court concludes that the motion is actually an unauthorized second or

successive habeas petition, it must be dismissed for lack of subject matter

jurisdiction or be transferred to the court of appeals for consideration as an

application to file a second or successive petition. Gonzalez, 545 U.S. at 538.

However, if the Court concludes that the motion is a true Rule 60(b) motion, the

motion will be ruled upon without precertification by the Court of Appeals. Id. at

531-32; see also Lesko v. Sec’y Pennsylvania Dep’t of Corr., 34 F.4th 211, 222 (3d Cir.

2022) (citing 28 U.S.C. § 2244(b)(2), (b)(3)(A)).

Notwithstanding the “dismissal” language in § 2244(b), federal appellate

courts have ruled that if the prisoner improperly files a second or successive petition

without having first obtained authorization by the court of appeals, the district

court has the option of transferring the petition to the court of appeals. The Court

of Appeals for the Third Circuit permits, but does not mandate, transfer. Robinson

v. Johnson, 313 F.3d 128, 139 (3d Cir. 2002), cert. denied, 540 U.S. 826 (2003).

III. Discussion

Once again, Harrison’s motion is exactly the sort of motion the Supreme

Court has stated is in actuality a second or successive petition - the factual

predicate of his claim attacks his underlying state court conviction by raising new

grounds for relief. Gonzalez, 545 U.S. at 530-31; Pridgen, 380 F.3d at 727.

Accordingly, the Court holds that Harrison’s motion should properly be treated as a

second or successive petition and not as a Rule 60(b) motion. As such, this Court

lacks jurisdiction to consider it in the absence of prior authorization by the Court of

Appeals for the Third Circuit.

The record is clear that Harrison has not obtained leave from the United

States Court of Appeals for the Third Circuit to file a second or successive petition.

Because Harrison has not obtained the required authorization, the instant motion

constitutes an unauthorized second or successive petition.

IV. Conclusion

As such, this Court has two options: either dismiss Harrison’s motion for

want of jurisdiction or transfer the motion to the Court of Appeals for the Third

Circuit. See Robinson, 313 F.3d at 139. In the interest of justice, the Court chooses

the latter option. Harrison’s motion will be transferred to the Court of Appeals for

the Third Circuit for consideration as an application to file a successive petition as

required under 28 U.S.C. § 2244(b)(3)(A).1

An appropriate Order follows.

Dated: January 2, 2025 BY THE COURT:

s/Christopher B. Brown

Christopher B. Brown

United States Magistrate Judge

cc: JI' HAAD AMORE HARRISON

NA3893

SCI Somerset

1590 Walters Mill Road

Somerset, PA 15510-0001

(via U.S. First Class Mail)

All Counsel of Record

(via ECF electronic notification)

1 This Opinion should not be read as a comment upon the merits of any claim

that Harrison could raise in a second or successive habeas petition or whether such

a petition would be subject to dismissal on other grounds.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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