1. Whether a Rule 60(b) motion arguing that a procedural defect affected the district court's determination of the merits of the claims in a federal habeas petition is a proper 60(b) motion or an improper successive habeas petition?

2. Whether the conflicting answers given to this question by the United States Courts of Appeals for the Fifth and Tenth Circuits require resolution by this Court?

Whether a Rule 60(b) motion arguing that a procedural defect affected the district court's determination of the merits of the claims in a federal habeas petition is a proper 60(b) motion or an improper successive habeas petition?