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· 7/9/2008

Harvest v. Castro

Citations

  • 531 F.3d 737
  • 2008 U.S. App. LEXIS 14461
  • 2008 WL 2669706

How courts have described this case

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

  • concluding that 64-day delay was “substantial” and cut against granting Rule 60(b)(1) relief
  • stating that Rule 60(b) motions for relief from judgment are reviewed for abuse of discretion
  • stating that Rule 60(b)(6) “is to be used sparingly as an equitable remedy to prevent manifest injustice” (citation and internal quotation marks omitted)
  • explaining that an order granting a conditional writ of habeas corpus had prospective effect for purposes of Rule 60(b)(5
  • noting that “[n]omenclature is not important” as “[t]he label or description that a 25 party puts on its motion does not control whether the party should be granted or denied 26 relief”
  • treating an “Application to Amend Order Nunc Pro Tunc” as a Rule 15 60(b) motion

Source: CourtListener parenthetical corpus (CC0).

Judges: Gibson, Tashima, Berzon

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.