Mark Foley v. Martin Biter

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 inquiring about its status. Because Greenberg’s abandonment of Foley directly prevented Foley from timely appealing the district court’s denial of his habeas petition, and because Foley made reasonable efforts to pursue his claims, we reverse the district court’s order.

BACKGROUND

For his involvement in a drug-related shooting death, a California jury found Mark Foley guilty of first degree murder, conspiracy to commit assault with a firearm, conspiracy to commit extortion, kidnapping for extortion, and kidnapping. The court sentenced Foley to life in prison without the possibility of parole with a four-year…