United States v. Melayne R. Danekas

1 The HONORABLE DAVID S. DOTY, United States District Judge for the
District of Minnesota.
United States Court of Appeals
FOR THE EIGHTH CIRCUIT
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No. 01-3658
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United States of America, *
*
Appellee, * Appeal from the United States
* District Court for the
v. * District of Minnesota.
*
Russell Edward Eggleston, * [UNPUBLISHED]
*
Appellant. *
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Submitted: January 4, 2002
Filed: January 16, 2002
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Before BOWMAN, BRIGHT, and LOKEN, Circuit Judges.
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PER CURIAM.
Russell Eggleston appeals the district court’s 1 denial of his Federal Rule of
Civil Procedure 60(b) motion for relief from the judgment in his criminal case. He
had previously sought relief under 28 U.S.C. § 2255. Having carefully reviewed the
record, we agree with the district court that Rule 60(b) applies only to civil cases, that
Eggleston is again seeking section 2255 relief, and that he did not receive the
requisite authorization from this court before filing a second or successive application

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for a writ of habeas corpus. See 28 U.S.C. § 2244(b)(3)(A); Vancleave v. Norris, 150
F.3d 926, 928-29 (8th Cir. 1998). Accordingly, we affirm. See 8th Cir. R. 47A(a).
A true copy.
Attest:
CLERK, U.S. COURT OF APPEALS, EIGHTH CIRCUIT.

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