Ryan

Theodore Washington, an Arizona death row inmate, appeals the district court’s judgment denying his petition for a writ of habeas corpus under 28 U.S.C. § 2254 (appeal number 05-99009) as well as the district court’s order denying Washington’s motion to vacate the judgment under Federal Rule of Civil Procedure 60(b) (appeal number 0715536). We dismiss appeal number 05-99009 because Washington’s notice of appeal was not timely filed under Federal Rule of Appellate Procedure 4(a)(1)(A), a mandatory and jurisdictional time limit. We affirm the denial of Washington’s Rule 60(b) motion in appeal number 07-15536 because the district court did not abuse its discretion in determining that under the circumstances here, a Rule 60(b) motion is not available for the purpose of extending the time allowed to file an appeal.

Because his attorney did not properly calculate a filing deadline, Theodore Washington has lost his chance for appellate review of his habeas petition. In his appeal, he would have raised issues similar to those raised by one of his co-defendants, on which another panel of our court ordered a new penalty-phase trial. See Robinson v. Schriro, 595 F.3d 1086, 1113…