United States Ninth Circuit

The district court's denial of a Rule 60(b) motion for relief from a denial of a habeas corpus petition is affirmed, where: 1) under the six-factor test of Phelps v. Alameida, 569 F.3d 1120 (9th Cir. 2009), the U.S. Supreme Court's decision in Martinez v. Ryan, 132 S. Ct. 1309 (2012), did not constitute extraordinary circumstances sufficient to reopen a final judgment under Rule 60(b); and 2) the prisoner failed to meet the Martinez test of substantiality as to prejudice, so his claim of ineffective assistance of counsel during state postconviction relief proceedings failed.

Appellate Information

• Decided 05/15/2012
• Published 05/15/2012

Judges

• McKeown

Court

• United States Ninth Circuit

Counsel

• For Appellant:
  
• Kelly J. Henry, Susanne Bartlett Blomo