Paul E. Pavulak v. United States
HabeasCorpus
When a petitioner challenges a procedural bar in his 2255 which based on a fraud on the court, may a District Court Judge dismiss this motion as a Successive or Second 2255 without the adjudication on the merits involving the fraud under Rule 60(d) 3?
QUESTIONS PRESENTED 1. When a petitioner challenges a procedural bar in his 2255 which based on a fraud on the court, may a District Court Judge dismiss this motion as a Successive or Second 2255 without the adjudication on the merits involving the fraud under Rule 60(d) 3? 2. May a Circuit Court deny issuing a COA when a District Judge abuses his discretion by dismissing a Rule 60(d)(3) Fraud motion that challenges a procedural bar, without adjudication of the motion on its ; merits? 4