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· 7/27/2015

Eric Norris v. Marilyn Brooks

Citations

  • 794 F.3d 401
  • 2015 U.S. App. LEXIS 12939
  • 2015 WL 4509368

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • recognizing that “a change in the law doesn’t even begin to support a Rule 60(b) motion unless the change is actually relevant to the movant’s position”
  • Rule 60(b)(6) relief appropriate “only in extraordinary circumstances where, without such relief, an extreme and unexpected hardship would occur”
  • “Martinez made very clear that its exception to the general rule of Coleman applies only to attorney error causing procedural default during initial-review collateral proceedings, not collateral appeals.”
  • ob- serving that a change in decisional law that is “relevant to the movant’s position” can be sufficient in the presence of other Cox factors to “support a Rule 60(b) motion”
  • “Relief is appropriate under this catch-all provision only in ‘extraordinary circumstances where, without such relief, an extreme and unexpected hardship would occur.’ Sawka v. Healtheast, Inc., 989 F.2d 138, 140 (3d Cir.1993).”

Source: CourtListener parenthetical corpus (CC0).

Judges: Rendell, Hardiman, Vanaskie

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.