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FOLEY v. BITER

No. 12-17724.

793 F.3d 998 (2015)

Mark D. FOLEY, Petitioner-Appellant, v. Martin BITER, Warden, Respondent-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed July 14, 2015.

Attorney(s) appearing for the Case

Heather Williams , Federal Defender, Carolyn M. Wiggin (argued), Assistant Federal Public Defender, Sacramento, CA, for Petitioner-Appellant.

Kamala Harris , Attorney General, Michael Farrell , Senior Assistant Attorney General, Eric Christoffersen , Supervising Deputy Attorney General, Mark Johnson and Sally Espinoza (argued), Deputy Attorneys General, Office of the California Attorney General, Sacramento, CA, for Respondent-Appellee.

Before: MARY M. SCHROEDER, DOROTHY W. NELSON, and MORGAN CHRISTEN, Circuit Judges.

OPINION

Mark Foley appeals the district court's order denying his motion for relief from judgment pursuant to Federal Rule of Civil Procedure 60(b)(6). Foley, who was convicted of murder in California state court, properly filed a petition for habeas corpus in federal district court in 2001. The district court...

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