United States Second Circuit

An attack on the integrity of a previous habeas proceeding under FRCP rule 60(b)(6) is viable only in "extraordinary circumstances." Where the relief sought is predicated on the alleged failures of counsel in a prior habeas petition, petitioner must show that his lawyer abandoned the case and prevented the client from being heard, either through counsel or pro se.

Appellate Information

• Decided 05/04/2004
• Published 05/04/2004

Judges

• JACOBS, Circuit Judge., Before:  JACOBS, SACK, and RAGGI, Circuit Judges.

Court

• United States Second Circuit

Counsel

• For Appellant:
  
• Terence J. Lynam,Akin Gump Strauss Hauer & Feld, LLP, Washington, DC, for Plaintiff-Appellant Roy William Harris.


• For Appellees:
  
• Katherine Polk Failla, Assistant United States Attorney, New York, N.Y. (James B. Comey, United States Attorney, on the brief, and Laura Grossfield Birger, Assistant United States Attorney, of counsel), for Defendant-Appellee United States of America.