Williams v. Chatman, 06-16115 Non-Argument Calendar.

• Citation: 510 F.3d 1290
• Decision Date: 08 November 2007
• Docket Number: No. 06-16115 Non-Argument Calendar.,06-16115 Non-Argument Calendar.
• Parties: Wayne Bertram WILLIAMS, Petitioner-Appellant, v. Bruce CHATMAN, Warden, Hancock State Prison, Respondent-Appellee.
• Court: United States Courts of Appeals. United States Court of Appeals (11th Circuit)

510 F.3d 1290 Wayne Bertram WILLIAMS, Petitioner-Appellant,
v.
Bruce CHATMAN, Warden, Hancock State Prison, Respondent-Appellee. No. 06-16115 Non-Argument Calendar. United States Court of Appeals, Eleventh Circuit. November 8, 2007.

[510 F.3d 1292]

John R. Martin, Martin Brothers, P.C., Atlanta, GA, for Williams.

Mary Beth Westmoreland, Deputy Atty. Gen., Atlanta, GA, for Chatman.

Appeal from the United States District Court for the Northern District of Georgia.

Before BLACK, CARNES and MARCUS, Circuit Judges.

PER CURIAM:

Wayne Bertram Williams, a Georgia prisoner, appeals the district court's denial of both his § 2254 petition and his Rule 60(b) motion for reconsideration. Following a jury trial in state court, Williams was convicted of two counts of murder in connection with what has been informally referred to as "the Atlanta Child Murders," and was sentenced to two consecutive terms of life imprisonment. After exhausting available state remedies, Williams filed a § 2254 federal habeas petition in the Northern District of Georgia.

510 F.3d 1293

Following the district court's denial of his § 2254 petition in February 2006, Williams failed to file a notice of appeal within thirty days. Instead, he moved the district court for extensions of time and ultimately filed a motion for reconsideration. After the district court denied Williams' motion, he filed a notice of appeal designating both the district court's denial of his § 2254 petition as well as its denial of his motion for reconsideration. The district court construed the notice of appeal as a request for a certificate of appealability and granted one with respect to six of Williams' claims.

In a previous order, we concluded that Williams' notice of appeal as to the district court's denial of habeas relief was untimely because his motion for reconsideration did not toll the limited period in which he had to appeal the underlying habeas judgment. Order, No. 06-16115, Dec. 21, 2006. Thus, we have appellate jurisdiction to consider only the order denying Williams' post-judgment motion, which we construed as a motion pursuant to Federal Rule of Civil Procedure 60(b). Id.

As to the denial of his Rule 60(b) motion, Williams contends that the district court abused its discretion. Specifically, he argues that the court improperly denied reconsideration of its ruling regarding three alleged Brady¹ violations. Williams also contends that the district court abused its discretion by refusing to consider newly-discovered evidence — excerpts from a documentary that include statements made by the state's trial expert — which Williams argues undermines the credibility of scientific evidence presented at his trial. Furthermore, Williams challenges the denial of his motion to reconsider the admission of other crimes evidence at trial. Finally, Williams argues that the district court abused its discretion procedurally by refusing to reconsider its denial of his § 2254 petition in light of his claim that he was never afforded an adequate opportunity to brief the issues that he raised.

I.

Federal courts are "obligated to inquire into subject-matter jurisdiction sua sponte whenever it may be lacking." Cadet v. Bulger, 377 F.3d 1173, 1179 (11th Cir.2004). As a threshold matter, therefore, we must initially determine both whether the district court had subject matter jurisdiction to consider Williams' Rule 60(b) motion and whether this Court has jurisdiction to review the district court's denial of his motion. We review de novo questions concerning jurisdiction. Brooks v. Ashcroft, 283 F.3d 1268, 1275 (11th Cir. 2002).

Federal Rule of Civil Procedure 60 provides a basis, but only a limited basis, for a party to seek relief from a final judgment in a habeas case. See Fed. R.Civ.P. 60. The Supreme Court explained in Gonzalez v. Crosby, 545 U.S. 524, 125 S.Ct. 2641, 162 L.Ed.2d 480 (2005), that the Federal Rules of Civil Procedure apply to habeas proceedings to the extent that they are "not inconsistent with applicable federal statutory provisions," id. at 529, 125 S.Ct. at 2646 (quoting 28 U.S.C. § 2254 Rule 11) (internal marks omitted), and the Antiterrorism and Effective Death Penalty Act does not explicitly limit the operation of Rule 60(b). Id. The Act does, nonetheless, foreclose application of that rule...