BALBUENA v. SULLIVAN

No. 12-16414, No. 18-15432.

970 F.3d 1176 (2020)

Alexander BALBUENA, Petitioner-Appellant, v. William Joe SULLIVAN, Warden; Attorney General for the State of California, Respondents-Appellees. Alexander Balbuena, Petitioner-Appellant, v. William Joe Sullivan, Warden, Respondent-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed August 17, 2020.


Attorney(s) appearing for the Case

Scott A. Sugarman (argued), Sugarman & Cannon, San Francisco, California, for Petitioner-Appellant.

Jill M. Thayer (argued), Deputy Attorney General; Peggy S. Ruffra , Supervising Deputy Attorney General; Gerald A. Engler , Senior Assistant Attorney General; Xavier Becerra , Attorney General; Office of the Attorney General, San Francisco, California; for Respondents-Appellees.

Concurrence by Judge W. Fletcher


OPINION

In these consolidated appeals, Alexander Balbuena challenges the district court's denial of his federal habeas petition, and its denial of his Federal Rule of Civil Procedure 60(b) motion to set aside the judgment and amend his habeas petition to add a new claim. For his role in a gang-related shooting, a jury...

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