Dhinsa

Dhinsa v. Herrera

Good Law
173 F. App'x 630
United States Court of Appeals for the Ninth CircuitApril 5, 2006No. 05-55522California531 words

Opinion

Lead Opinion

MEMORANDUM *

Gurmeet Singh Dhinsa was convicted of various federal racketeering crimes in the Eastern District of New York. Nearly a year after that conviction became final, he sought to challenge it by filing a writ of habeas corpus in the Central District of California. The district court presumably could have transferred the petition to the *631 Eastern District of New York, where it should have been filed, but instead dismissed the petition. See 28 U.S.C. § 1681 (authorizing transfer “if it is in the interest of justice”). Dhinsa attempted to file in New York, but his petition there was untimely. Then, more than a year after the dismissal of his petition in the Central District, he moved that court for relief from judgment under Fed.R.Civ.P. 60(b)(6). The district court denied the motion and Dhinsa now appeals. We have jurisdiction under 28 U.S.C. §§ 1291 & 2253(a) and we affirm.

The district court did not abuse its discretion when it denied Dhinsa’s Rule 60(b)(6) motion because there were no extraordinary circumstances that prevented him from seeking earlier, more timely relief. See United States v. Alpine Land & Reservoir Co., 984 F.2d 1047, 1049 (9th Cir.1993). Although…

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