Legal Opinion

Nguyen v. Lamarque

Court of Appeals for the Ninth Circuit

Decided October 20, 2006No. 06-15109PublishedCited by 1 opinion

1Opinion of the Court

MEMORANDUM *

Yihn Hong Nguyen appeals the district court’s denial of his motion to reopen his federal habeas corpus proceedings pursuant to Fed.R.Civ.P. 60(b)(6). We affirm. Because the parties are familiar with the factual and procedural history of this case, we will not recount it here. We review the district court’s denial of a Rule 60(b) motion for an abuse of discretion. United States v. Washington, 394 F.3d 1152, 1157 (9th Cir.2005).

A Rule 60(b)(6) motion is required to be brought “within a reasonable time.” Fed. R.Civ.P. 60(b)(6). “What constitutes a reasonable time depends on the facts…

2Cases cited8 opinions

  1. Gonzalez v. CrosbySupreme Court of the United States · 2005
  2. Community Dental Services, Dba Smilecare Dental Group v. Stuart Tani, DdsCourt of Appeals for the Ninth Circuit · 2002
  3. United States v. Alpine Land & Reservoir, Co.Court of Appeals for the Ninth Circuit · 1993
  4. In Re Brian D. Hammer, Debtor. Brian D. Hammer v. Michael Drago and Ed SummersCourt of Appeals for the Ninth Circuit · 1991
  5. Carlos Mendoza v. Tom L. Carey, WardenCourt of Appeals for the Ninth Circuit · 2006

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3Cited by1 opinion

  1. Stanfill v. BottomDistrict Court, W.D. Kentucky · 2019

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