Nguyen

Nguyen v. Lamarque

Good Law
203 F. App'x 762
United States Court of Appeals for the Ninth CircuitOctober 20, 2006No. 06-15109California483 words

Opinion

Lead Opinion

MEMORANDUM *

Yihn Hong Nguyen appeals the district court’s denial of his motion to reopen his federal habeas corpus proceedings pursuant to Fed.R.Civ.P. 60(b)(6). We affirm. Because the parties are familiar with the factual and procedural history of this case, we will not recount it here. We review the district court’s denial of a Rule 60(b) motion for an abuse of discretion. United States v. Washington, 394 F.3d 1152, 1157 (9th Cir.2005).

A Rule 60(b)(6) motion is required to be brought “within a reasonable time.” Fed. R.Civ.P. 60(b)(6). “What constitutes a reasonable time depends on the facts of each case,” and should take into consideration the reasons for the delay and whether the government was prejudiced by the delay. In re Pacific Far East Lines, Inc., 889 F.2d 242, 249 (9th Cir.1989) (citations omitted). If timely brought, relief under Rule 60(b)(6) requires a showing of “extraordinary circumstances.” Gonzalez v. Crosby, 545 U.S. 524 , 125 S.Ct. 2641, 2650 , 162 L.Ed.2d 480 (2005). Rule 60(b)(6) is to be used “sparingly [and] as an equitable remedy to prevent manifest injustice.” United States v. Alpine Land & Reservoir Co., 984 F.2d 1047, 1049 (9th Cir.1993). “Such…

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