Mark Foley v. Martin Biter

OPINION

CHRISTEN, Circuit Judge:

Mark Foley appeals the district court’s order denying his motion for relief from judgment pursuant to Federal Rule of Civil Procedure 60(b)(6). Foley, who was convicted of murder in California state court, properly filed a petition for habeas corpus in federal district court in 2001. The district court denied his petition in 2004. Foley’s counsel, Mark Greenberg, forgot that he represented Foley and never informed Foley that the court denied his petition. Foley only discovered that his petition was denied six years later when he sent a letter to the court…