Cambra

MEMORANDUM *

La Von Haney challenges two rulings of the district court: (1) the denial of his Federal Rule of Civil Procedure 60(b) mo *641 tion to vacate the judgment dismissing his first habeas petition, and (2) the dismissal of his second habeas corpus petition as untimely. Because the parties are familiar with the procedural and factual history of the case, we do not recount it here. We address each issue in turn, affirming the first ruling and reversing the second.

Rule 60(b) gives courts the power “adequate to enable them to vacate judgments whenever such action is appropriate to accomplish justice.” Liljeberg v. Health Services Acquisition Corp., 486 U.S. 847, 863-64 , 108 S.Ct. 2194 , 100 L.Ed.2d 855 (1988) (internal quotations, citations omitted). The district court’s denial of Haney’s Rule 60(b) motion is reviewed for an abuse of discretion. Community Dental Services v. Tani, 282 F.3d 1164 , 1167 n. 7 (9th Cir. 2002).

The district court did not err in initially dismissing Haney’s petition. At the time of the dismissal in March, 1999, neither McClain v. Hill, 52 F.Supp.2d 1133 (C.D.Cal.1999) nor La Crosse v. Kernan, 211 F.3d 468 (9th Cir.2000), amended at 244 F.3d 702…