Arturo Diaz v. William Stephens, Director

EDITH H. JONES, Circuit Judge:

This is a death penalty case in which appellant Arturo Diaz appeals the district court’s denial of his Federal Rule of Civil Procedure 60(b)(6) motion for relief from judgment and motion for stay of execution. Thirty days before his scheduled execution date of September 26, 2013, Diaz filed both motions in federal district court, seeking relief from that court’s denial of habeas relief in 2006. Diaz asked the court to reopen his previous federal habeas action and consider the merits of procedurally barred claims in light of Martinez v. Ryan, — U.S. -, 132 S.Ct.…