District Court, S.D. New York October 5, 1998, 97 Civ. 6045(RWS) (Smalls v. Batista)

OPINION

SWEET, District Judge.

Respondent Wilfredo Batista, Superintendent of Marcy Correctional Facility (“Respondent”), has moved pursuant to Rule 60(b)(4) of the Federal Rules of Civil Procedure for an order vacating the judgment granting the petition for a writ of habeas corpus to Petitioner Kevin Smalls (“Smalls”) on the ground that this Court lacked jurisdiction to consider the petition.