Ryan

MEMORANDUM **

California state prisoner Duy Pham appeals from the district court’s order denying his motion for relief from judgment under Federal Rule of Civil Procedure 60(b)(6). We have jurisdiction pursuant to 28 U.S.C. § 1291 . We review for abuse of discretion, see Molloy v. Wilson, 878 F.2d 313, 315 (9th Cir.1989), and we vacate and remand.

*770 Pham contends that the district court abused its discretion in concluding that he failed to set forth extraordinary circumstances justifying relief under Federal Rule of Civil Procedure 60(b)(6). Specifically, Pham contends that he is entitled to relief from judgment because he is illiterate, unable to speak English, and that the prisoner who had assisted him in filing his habeas petition was transferred, and consequently, that he was unable to respond to the government’s motion to dismiss his 28 U.S.C. § 2254 petition. The district court denied Pham’s motion without the benefit of Mendoza v. Carey, 449 F.3d 1065, 1071 (9th Cir.2006) (holding that where a prisoner “alleged that he lacks English language ability, was denied access to [nativej-language legal materials, and could not procure the assistance of a translator,” those…