Rowan Brooks v. James Yates

PER CURIAM Opinion; Concurrence by Judge KOZINSKI.

OPINION

Rowan Brooks, currently serving an indeterminate sentence of twenty-five years to life in a California state prison for first-degree murder,, .appeals from the denial of his motion for relief from judgment under Federal Rule of Civil Procedure 60(b) following the district court’s dismissal of his habeas petition as untimely. We have jurisdiction under 28 U.S.C. § 1291, and we affirm in.part, reverse in part, and remand. .

I

The district court did not abuse its discretion in holding that Brooks failed to demonstrate that he was entitled to…