Legal Opinion
Andrew MacKey v. Thomas Hoffman
Court of Appeals for the Ninth Circuit
Decided June 25, 2012No. 11-15115PublishedCited by 47 opinions
1Opinion of the Court
OPINION
GARBIS, District Judge:
This Court has jurisdiction pursuant to 28 U.S.C. § 2253 over this appeal, arising out of a habeas corpus proceeding under § 2254 in which a certificate of appealability has been granted. We review motions for relief from judgment pursuant to Federal Rule of Civil Procedure 60(b) under an abuse of discretion standard. Wilson v. City of San Jose, 111 F.3d 688, 691 (9th Cir.1997).
As discussed herein, we hold that a district court may grant an incarcerated habeas petitioner relief from judgment pursuant to Federal Rule of Civil Procedure 60(b)(6) if his attorney’s…
2Cases cited10 opinions
- Bowles v. RussellSupreme Court of the United States · 2007
- Ackermann v. United StatesSupreme Court of the United States · 1950
- Wilson v. City of San JoseCourt of Appeals for the Ninth Circuit · 1997
- Klapprott v. United StatesSupreme Court of the United States · 1949
- Maples v. ThomasSupreme Court of the United States · 2012
5 more not listed; retrieve them via the Exa API.
3Cited by47 opinions
- Israel Ramirez v. United StatesCourt of Appeals for the Seventh Circuit · 2015
- George Gibbs v. Robert LegrandCourt of Appeals for the Ninth Circuit · 2014
- United States v. Clifford WinklesCourt of Appeals for the Ninth Circuit · 2015
- Hattie Tanner v. Joan YukinsCourt of Appeals for the Sixth Circuit · 2015
- Washington v. RyanCourt of Appeals for the Ninth Circuit · 2016
42 more not listed; retrieve them via the Exa API.