Whether a Petitioner can utilize a motion under Rule 60(b) Federal Rules of Civil Procedure, or similar vehicle, to overcome a dismissal without prejudice time bar to unadjudicated claims previously filed in a motion for application under 28 U.S.C. § 2255, when those claims are supported by new evidence proffered by the Rule 60(b)

QUESTION PRESENTED” \ Whether a Petitioner can utilize a motion umder Rule 60(b) Federal Rules of . Civil Procedure, or similar vehiche, to overcome a dismissal without prejudice time bar to unadjudicated claims previously filed in a motion for application under 28 U.S.C. § 2255, when those claims are supported by new evidence proffered _ by the Rule 60(b). PARTIES , THe petitioner is Nicholas Lee Blair, a prisoner at George Beto Unit in Texas Department of Criminal Institutional Division. The respondents are the United States of America, represented by the “:: Solicitor General for the United States. : .