In Howell v. Superinrtendent Albion SCI, Howell filed a F.R.C.P. 60(b)(6) motion to set aside the earlier dismissal of his habeas petition. Rule 60(b)(6) serves as a gateway past the procedural default of an untimely habeas petition. The 3rd Circuit ruled that Howell made a sufficient showing of actual innocence to gain relief under Rule 60(b)(6). Therefore, the case was remanded to the District Court for an evidentiary hearing on Howell’s new evidence, so that a more complete record could be developed upon which to decide the Rule 60(b)(6) motion.
