No. 25-7005

Kenneth Colvin, Jr. v. Russ Rurka, Warden

Lower Court: Sixth Circuit
Docketed: 2026-03-11
Status: Pending
Type: IFP
Response WaivedIFP
Tags: appellate-procedure district-court-jurisdiction fraud-upon-the-court habeas-corpus rule-60-motion successive-petition
Latest Conference: 2026-04-17
Question Presented (from Petition)

THE UNITED STATES DISTRICT COURT SHOULD HAD HEARD
KENNETH COLVIN, JR.'S MOTION FOR RELIEF FROM JUDGMENT (RULE 60(d) MOTION)
BASED ON FRAUD UPON THE COURT, AND NOT SENT THE MOTION TO THE UNITED
STATES COURT OF APPEALS AS A REQUEST FOR A SUCCESSIVE HABEAS CORPUS
PETITION, PURSUANT TO 28 U.S.C. §2244

THE UNITED STATES COURT OF APPEALS SHOULD HAD
TRANSFERRED KENNETH COLVIN, JR'S MOTION FOR RELIEF FROM JUDGMENT
(RULE 60(d) MOTION) BACK TO THE UNITED STATES DISTRICT COURT TO
HAVE THAT COURT RE-OPEN HIS ORIGINAL HABEAS CORPUS CASE BASED
03 FRAUD UPON THE COURT

Question Presented (AI Summary)

Whether a district court erred in treating a Rule 60(b) motion for relief from judgment based on fraud upon the court as a successive habeas corpus petition under 28 U.S.C. §2244 rather than addressing it on the merits

Docket Entries

2026-04-02
DISTRIBUTED for Conference of 4/17/2026.
2026-03-26
Waiver of Russ Rurka, Warden of right to respond submitted.
2026-03-26
Waiver of right of respondent Russ Rurka, Warden to respond filed.
2025-12-22
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due April 10, 2026)

Attorneys

Kenneth Colvin
Kenneth Colvin Jr. — Petitioner
Russ Rurka, Warden
Ann Maurine ShermanMichigan Department of Attorney General, Respondent