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MACKEY v. HOFFMAN

No. 11-15115.

682 F.3d 1247 (2012)

Andrew MACKEY, Petitioner-Appellant, v. Thomas G. HOFFMAN; David Runnels, Respondents-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed June 25, 2012.

Attorney(s) appearing for the Case

Randall Riccardo (argued) (Mill Valley, CA), Kent A. Russell of Russell & Russell, and LeRue James Grim (San Francisco, CA), for the petitioner-appellant.

Christopher Joseph Wei (argued), Office of the California Attorney General (San Francisco, CA), for the respondents-appellees.

Before: ARTHUR L. ALARCÓN and BARRY G. SILVERMAN, Circuit Judges, and MARVIN J. GARBIS, Senior District Judge.

OPINION

GARBIS, District Judge:

This Court has jurisdiction pursuant to 28 U.S.C. § 2253 over this appeal, arising out of a habeas corpus proceeding under § 2254 in which a certificate of appealability has been granted. We review motions for relief from judgment pursuant to Federal Rule of Civil Procedure 60(b) under an abuse of discretion standard. Wilson v. City of San Jose, 111 F.3d 688, 691 (9th Cir...

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