Sedley Alley v. Ricky Bell, Warden

405 F.3d 371, 2005 U.S. App. LEXIS 6277, 2005 WL 857009

Opinions

ORDER

On November 2, 2003, the district court issued an order staying Alley’s execution and holding in abeyance any proceedings on his purported Rule 60(b) motion until this court decided In re Abdur’Rahman. This ruling was appealed to our court, and oral argument was held on June 16, 2004. On December 13, 2004, this court issued its opinion in Abdur’Rahman, 392 F.3d 174 (6th Cir.2004) (en banc), but the district court was unable to consider AbdurRahman’s impact on the particular circumstances of Alley’s filing because Alley’s case was before this court on appeal.

On December 14, 2004, this court issued an opinion on that appeal, vacating the stay of execution and determining that Alley’s filing could not be considered a proper Rule 60(b) motion under Abdur'Rahman. Alley v. Bell, 392 F.3d 822 (6th Cir.2004). Alley sought rehearing en banc.

We now grant rehearing en banc, and remand the case to the district court to determine, in the first instance, whether Alley’s motion can be considered a proper Rule 60(b) motion under this court’s opinion in AbdurRahman.