Brooks v. Yates

(United States Ninth Circuit) – In a habeas corpus action, the district court’s dismissal of the petition as untimely is: 1) affirmed where petitioner failed to establish entitlement to F.R.Civ.P. 60(b) relief for actual innocence; but 2) reversed where the district court abused its discretion by finding that petitioner was not abandoned by his counsel, who failed to respond to the court’s order to show cause and notify his client of the order’s issuance.