DISCLAIMER:  Any unofficial case summaries below are prepared by the clerk's office
                        as a courtesy to the reader. They are not part of the opinion of the court.

062545U.pdf   05/06/2008  Albert Pierson  v.  Dave Dormire
   U.S. Court of Appeals Case No:  06-2545
   U.S. District Court for the Eastern District of Missouri - St. Louis   
   [UNPUBLISHED] [Per Curiam - Before Wollman, Beam and Melloy,
   Circuit Judges]
Prisoner case - habeas. Remanded for further proceedings consistent with the en banc court's opinion in Riddle v. Kemna, No. 06-2542, 2008 WL 927618 (8th Cir. 2008). 062545P.pdf 04/04/2007 Albert Pierson v. Dave Dormire U.S. Court of Appeals Case No: 06-2545 U.S. District Court for the Eastern District of Missouri - St. Louis [PUBLISHED] [Melloy, Author, with Wollman and Beam, Circuit Judges]
Prisoner case - habeas. Court adopts the position of the Second, Fourth, Fifth and Ninth Circuits, holding that a district court can grant relief from judgment pursuant to Rule 60(b) sua sponte; letter sent to clerk of the district court was sufficient to constitute a timely notice of appeal; applying Nichols v. Bowersox, 172 F.3d 1068 (8th Cir. 1999), a Missouri prisoner's judgment becomes final within the meaning of 28 U.S.C. Sec. 2244(d)(1)(A) exactly ninety days after his conviction is affirmed on direct appeal, even if he has not filed a motion for transfer to the Missouri Supreme Court; district court erred in not considering this 90 day period when it ruled the habeas petition was untimely, and the case is remanded for further proceedings.