Cook
Cook v. Duncan
Opinion
Lead Opinion
MEMORANDUM **
California state prisoner Ronald Crawford Cook appeals the district court’s denial of his Federal Rule of Civil Procedure 60(b) motion for relief from the dismissal of his 28 U.S.C. § 2254 . Cook seeks to challenge his 1991 juiy-trial conviction and sentence for second-degree murder with a firearm. This court reviews for abuse of discretion a district court’s denial of a Rule 60(b) motion. Greenawalt v. Stewart, 105 F.3d 1268, 1273 (9th Cir.1997). We vacate and remand.
Cook argues that he is entitled to relief under Rule 60(b) because he mistakenly requested dismissal of his § 2254 petition due to his mental disability.
At the time the district court dismissed Cook’s federal petition and denied his motion for reconsideration, the court did not have the benefit of our decisions in Ford v. Hubbard, 330 F.3d 1086, 1100 (9th Cir. 2003) (as amended) (concluding that the district court erred when it failed to inform a pro se petitioner that, on the face of his first petition, he would be time-barred upon returning to federal court with newly-exhausted claims), Kelly v. Small, 315 F.3d 1063, 1070 (9th Cir.) (as amended), cert. denied, — U.S. —, 123 S.Ct. 2094 , 155…