Dhinsa v. Herrera
Dhinsa v. Herrera
Opinion of the Court
MEMORANDUM
Gurmeet Singh Dhinsa was convicted of various federal racketeering crimes in the Eastern District of New York. Nearly a year after that conviction became final, he sought to challenge it by filing a writ of habeas corpus in the Central District of California. The district court presumably could have transferred the petition to the
The district court did not abuse its discretion when it denied Dhinsa’s Rule 60(b)(6) motion because there were no extraordinary circumstances that prevented him from seeking earlier, more timely relief. See United States v. Alpine Land & Reservoir Co., 984 F.2d 1047, 1049 (9th Cir. 1993). Although the court’s failure to transfer his case could have been challenged under a Rule 60(b)(1) motion grounded in mistake,
Dhinsa is not entitled to relief under Rule 60(b)(6) because he “has ignored normal legal recourses.” Alpine Land, 984 F.2d at 1049 (quoting In re Pac. Far E. Lines, Inc., 889 F.2d 242, 250 (9th Cir. 1989)). Dhinsa’s conviction became final on October 1, 2001. On September 16, 2002, two weeks before the one-year AED-PA limitations period was to expire, Dhinsa filed his habeas petition in the wrong court. See 28 U.S.C. § 2255 (requiring a federal prisoner to file his habeas petition in the district court that sentenced him). After his petition was dismissed he could have moved to amend the judgment under Rule 59(d), moved to vacate the judgment for mistake under Rule 60(b)(1), or appealed the judgment to this court. Because Dhinsa failed to avail himself of any of these usual procedures, he is not entitled to relief under Rule 60(b)(6).
The district court’s order is AFFIRMED.
This disposition is not appropriate for publication and may not be cited to or by the courts of this circuit except as provided by 9th Cir. R. 36-3.
. Because Dhinsa’s appeal from the denial of his Rule 60(b) motion does not raise the merits of the underlying judgment, we do not decide whether the district court erred when it did not transfer his petition to the Eastern District of New York. See Molloy v. Wilson, 878 F.2d 313, 315 (9th Cir. 1989).
Case-law data current through December 31, 2025. Source: CourtListener bulk data.