Wardlow v. Davis

(1) Whether a Rule 60(b) motion arguing that a procedural defect affected the district court"s determination of the merits of the claims in a federal habeas petition is a proper 60(b) motion or an improper successive habeas petition; and (2) whether the conflicting answers given to this question by the United States Courts of Appeals for the 5th and 10th Circuits require resolution by the Supreme Court.