Wilson

United States v. Wilson

Good Law
27 F. App'x 852
United States Court of Appeals for the Ninth CircuitNovember 27, 2001No. 01-30002; D.C. No. CR-80-00082-JMBCalifornia732 words

Opinion

Lead Opinion

MEMORANDUM **

Wilson appeals the district court’s denial of his Rule 60(b)(6) motion for relief from the judgment denying his fourth petition for habeas corpus. Fed.R.Civ.P. 60(b)(6). 1 We review for abuse of discretion, Greena-walt v. Stewart, 105 F.3d 1268, 1273 (9th Cir.1997), and affirm. Because the parties are familiar with the facts and procedural history, we do not restate them here except as necessary to explain our disposition.

As the Greenawalt court reaffirmed, relief under Rule 60 should be granted “sparingly” and only where necessary “to prevent manifest injustice.” Id. (citations and internal quotation marks omitted). The remedy of relief from a judgment should “be utilized only where extraordinary circumstances prevented a party from taking timely action to prevent or correct an erroneous judgment.” Id. (citations and internal quotation marks omitted).

Wilson argues that extraordinary circumstances exist here. First, in Wilson’s view, extraordinary circumstances exist in this case because the district court below erroneously held that his ineffective assistance of counsel claim was foreclosed by the Ninth Circuit’s denial of that claim in the course of our review…

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