Mark Foley v. Martin Biter

How courts have described this case

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

• holding that an attorney abandoned a client by failing to communicate, to preserve an appeal, and to withdraw from the case
• stating that Rule 60(b) is applied “sparingly,” and that “[a] party is entitled to relief under Rule 60(b)(6) where ‘extraordinary circumstances prevented him from taking timely action to prevent or correct an erroneous judgment’”
• reversing district court order and granting relief when abandonment of petitioner prevented a timely appeal
• finding 6 abandonment where counsel failed to inform Foley at any time his petition was denied or 7 take any measures to preserve his appellate rights and opportunities
• overturning a district court, in part, for measuring time from the date on which the movant learned that the court had denied his habeas petition rather than the date on which he learned that his counsel had abandoned him
• “relief may only be granted where the petitioner has diligently pursued review of his claims”

Source: CourtListener parenthetical corpus (CC0).