OPINION

ALICE M. BATCHELDER, Chief Judge.

Petitioner Joe Clark Mitchell appeals the district court's denial of his motion for relief from judgment, which he brought as an "independent action" in equity, as provided for by Federal Rule of Civil Procedure 60(d)(1). We AFFIRM.

I.

This is Mitchell's fourth appearance in this court. See Mitchell v. Rees (Mitchell I), 114 F.3d 571 (6th Cir.1997); Mitchell v. Rees (Mitchell II), 36 Fed.Appx. 752 (6th Cir.2002); Mitchell v. Rees (Mitchell III), 261 Fed.Appx. 825 (6th Cir.2008). For purposes of deciding this appeal, we need not recite the underlying facts or the full procedural history.

On March 10, 2009, Mitchell moved the district court for permission to amend (or resubmit) his prior motion for equitable relief in the form of an "independent action in equity," as provided for in Rule 60(d)(1), the Rule 60 savings-clause provision. Such an action has no time limitation. The district court stated that it would be "inclined to grant this amended motion for the reason stated in its prior ruling, but given the decision of the Sixth Circuit [in Mitchell II] and issuance of the mandate, [it] was bound by the Sixth Circuit's holding." Thus, the district court reluctantly denied the motion but authorized Mitchell to pursue this appeal (Mitchell IV).1

II.

Rule 60 of the Federal Rules of Civil Procedure provides for "Relief from a Judgment or Order" by motion (Part (b)) or by independent action (Part (d)).2 Part (d) is commonly referred to as Rule 60's "savings clause" and states: "This rule does not limit a court's power to entertain an independent action to relieve a party from a judgment, order, or proceeding...." Fed.R.Civ.P. 60(d)(1). Although such actions arise infrequently, we have had occasion to elaborate:

Barrett v. Sec'y of Health & Human Servs., 840 F.2d 1259, 1262-63 (6th Cir. 1987). Nonetheless, "[w]here the adverse party is not prejudiced[,] an independent action for relief may be treated as a 60(b) motion, and conversely, a 60(b) motion may be treated as the institution of an independent action." Bankers Mortg. Co. v. United States, 423 F.2d 73, 81 n. 7 (5th Cir.1970); accord 11 Wright, Miller & Kane, Federal Practice & Procedure § 2868 n. 30, at 405 (1995).

Because this is an equitable action, we would ordinarily review the district court's decision for an abuse of discretion. See Barrett, 840 F.2d at 1263. In this case, however, the district court rested its decision on its perceived lack of discretion and never actually addressed the elements, limitations, or requirements of an independent action. The "indisputable elements" of an independent action are:

Barrett, 840 F.2d at 1263 (citing 11 C. Wright & A. Miller, Federal Practice & Procedure § 2868, at 238 (1973), and National Surety Co. v. State Bank, 120 F. 593, 599 (8th Cir.1903)).

Moreover, an independent action is "available only to prevent a grave miscarriage of justice." United States v. Beggerly, 524 U.S. 38, 47, 118 S.Ct. 1862, 141 L.Ed.2d 32 (1998); accord Pickford v. Talbott, 225 U.S. 651, 657, 32 S.Ct. 687, 56 L.Ed. 1240 (1912) (available when enforcement of the judgment is "manifestly unconscionable"); Barrett, 840 F.2d at 1263 ("Relief pursuant to the independent action is available only in cases `of unusual and exceptional circumstances.'" (quoting Rader v. Cliburn, 476 F.2d 182, 184 (6th Cir.1973))). As other circuits have held, a "grave miscarriage of justice" is a "stringent" and "demanding" standard. Gottlieb v. S.E.C., 310 Fed.Appx. 424, 425 (2d Cir. 2009); Wise v. Kastner, 340 Fed.Appx. 957, 959 (5th Cir.2009). Significantly, this is a habeas corpus case, and in that context, in order to establish that relief is required to prevent a grave miscarriage of justice, Mitchell must make a strong showing of actual innocence. Calderon v. Thompson, 523 U.S. 538, 557-58, 118 S.Ct. 1489, 140 L.Ed.2d 728 (1998) (holding that "avoiding a miscarriage of justice as defined by our habeas corpus jurisprudence" requires "a strong showing of actual innocence"); see Sawyer v. Whitley, 505 U.S. 333, 339, 112 S.Ct. 2514, 120 L.Ed.2d 269 (1992).

Mitchell contends that this court's erroneous decision3 in Mitchell I — in which we disallowed the evidence adduced from the district court's hearing on his Batson claim — constitutes "a grave miscarriage of justice" because: (1) "the properly-held evidentiary hearing proves that he was convicted by a racially-tainted jury"; which (2) establishes a Batson (and/or Strickland) violation; which proves (3) that "he was denied relief even though his petition was, and is, meritorious"; which means (4) this court "le[ft] [him] without a remedy for the prosecutor's racism." Petitioner's Br. at 17. With this Rule 60(d)(1) motion, Mitchell has instituted an "independent action." The State offers three arguments in reply: Mitchell forfeited any right to this action by failing to pursue his claim for equitable relief in Mitchell III; this independent action is preempted by Rule 60(b)(1); or, the error upon which Mitchell bases this action (that he was denied the Batson hearing) does not amount to a "grave miscarriage of justice." We address each in turn.

A.

The State argues that Mitchell "should be deemed to have forfeited his right to assert an independent action in equity by abandoning his argument in the previous appeal to this [c]ourt," (i.e., Mitchell III). Respondent's Br. at 9. In the Mitchell III opinion, we noted:

Mitchell III, 261 Fed.Appx. at 828 n. 2. But Mitchell was not obligated to raise those arguments.

The district court had granted Mitchell's Rule 60(b)(6) motion and granted him relief. It was the State that appealed. On appeal, Mitchell — as appellee — argued in support of the district court's Rule 60(b)(6) award. He was not obliged to pursue or maintain his alternative bases for affirmance and is not held to have abandoned this argument just because he did not do so. Cf. Ortiz v. Jordan, 562 U.S. ___, 131 S.Ct. 884, 892 n. 6, 178 L.Ed.2d 703 (2011).

B.

The State argues that "[t]he time limits of Rule 60(b) should not be subject to evasion through the simple expedient of characterizing the application for relief as an independent action instead of a motion," Respondent's Br. at 9, and cites Beggerly, 524 U.S. at 46, 118 S.Ct. 1862, which says:

We have commented similarly in an unpublished opinion:

Buell v. Anderson, 48 Fed.Appx. 491, 498 (6th Cir.2002) (citing Beggerly, 524 U.S. at 46, 118 S.Ct. 1862).

But we have elsewhere held that expiration of the time limits is a reason for an independent action (assuming the bases for such action are satisfied). "Independent actions are reserved for circumstances which do not meet the requirements for a motion under Rule 60(b), as when the one year time limit for motions based on fraud has passed." 2300 Elm Hill Pike, Inc. v. Orlando Residence, Ltd., No. 97-6176, 1998 WL 808217, *2 (6th Cir., Nov. 16, 1998). Other courts have held similarly:

W. Va. Oil & Gas Co. v. George E. Breece Lumber Co., 213 F.2d 702, 705-06 (5th Cir.1954) (internal citation omitted). And in a later case, a Fifth Circuit panel directly quoted the Advisory Committee Note that the prior panel had cited in the above passage:

Bankers Mortg., 423 F.2d at 81 n. 13 (quoting Advisory Committee Note of 1946 to Subdivision (b) of Rule 60, as reprinted in 6A Moore's Federal Practice § 60.01(8)); see also Gonzalez v. Sec'y for the Dep't of Corr., 366 F.3d 1253, 1291 (11th Cir.2004) (en banc) (Tjoflat, J., specially concurring in part and dissenting in part) (quoting with approval Bankers Mortg.).

We hold that Mitchell can circumvent 60(b)(1)'s one-year time limit and pursue an independent action, so long as he can satisfy the other requirements for an independent action.

C.

Finally, the State argues that this court's error in Mitchell I — i.e., disallowing the district court's evidentiary hearing on the Batson claim — was no more than an "ordinary legal error," fully anticipated by Rule 60(b)(1), and, therefore, not a "grave miscarriage of justice" that would warrant an independent action under Rule 60(d). Respondent's Br. at 12. We agree.

In Beggerly, the Supreme Court cited Marshall v. Holmes, 141 U.S. 589, 596, 12 S.Ct. 62, 35 L.Ed. 870 (1891) — a case in which a forged letter was used to obtain a default judgment — as an example of "a grave miscarriage of justice" sufficient to justify the independent action because the defendant was completely prevented, by fraud, from presenting any defense to the complaint. Beggerly, 524 U.S. at 47, 118 S.Ct. 1862. In contrast, the Court found the circumstances of Beggerly itself, a quiet-title action, insufficient to establish "a grave miscarriage of justice" because the most that could be charged against the plaintiff (Government) was a failure to make a "full disclosure" of relevant information. Id.; see also Computer Leasco, Inc. v. NTP, Inc., 194 Fed.Appx. 328, 335 (6th Cir.2006) (collecting cases in which the circumstances "do not rise to the grave miscarriage of justice standard").

In the present case, Mitchell sought (and obtained) an evidentiary hearing on his Batson claim. On appeal, the State argued that the district court erred by ordering the hearing because Mitchell had not established any basis for disregarding the state court's findings. Mitchell I, 114 F.3d at 575. Mitchell countered that the State had waived this argument by failing to raise it to either the magistrate judge or the district court. Id. This is not a case like Marshall in which the defendant was prevented (by fraud or otherwise) from defending his position. This is not even a case like Beggerly in which the defendant was not given full disclosure of the relevant information. Mitchell was fully apprised of the State's claim and argued capably in opposition. Despite Mitchell's argument, this court accepted the State's position, disallowed the evidence, and denied Mitchell's Batson claim on the merits. As noted, that decision was later deemed incorrect.

From the time-line below, it is evident that Mitchell had several opportunities prior to this independent action in which he could have attempted to remedy the error in Mitchell I.

Following Mitchell I, Mitchell moved for rehearing, rehearing en banc, certiorari, and rehearing of his petition for certiorari. He was unable to persuade this court or the Supreme Court that Mitchell I was incorrect. After issuance of Abdur'Rahman, Mitchell could have moved the district court for relief from the Mitchell I judgment under Rule 60(b)(1) (mistake). He did not. He could have raised Abdur'Rahman's criticism of Mitchell I to this court in Mitchell II; he did not, and this court decided Mitchell II on the basis of Mitchell I. Consequently, Mitchell could have raised Abdur'Rahman's criticism of Mitchell I in seeking rehearing or rehearing en banc in Mitchell II, or asserted it in his petition for certiorari. He did not. Mitchell could have raised this mistake of law to the district court in a Rule 60(b)(1) motion upon remand after our mandate in Mitchell II (as that decision was based on Mitchell I). Mitchell did none of these. Mitchell raised this issue (that Mitchell I was legally incorrect) for the first time in his Rule 60(b)(6) motion in December 2005; over three years after the Mitchell II mandate and over five years after issuance of Abdur'Rahman.

Mitchell cannot establish that this claim of error and the ensuing course of events subjected him to a "grave miscarriage of justice," see Beggerly, 524 U.S. at 47, 118 S.Ct. 1862, that enforcement of the judgment would be "manifestly unconscionable," see Pickford, 225 U.S. at 657, 32 S.Ct. 687, or even that this is a case of "unusual and exceptional circumstances," see Barrett, 840 F.2d at 1263. To be sure, Mitchell was the recipient of an adverse legal decision by this court, a decision that was later determined to be incorrect. But, as is the case with every party appearing before this court, Mitchell had avenues available by which he could have further challenged and sought to remedy that incorrect decision. The fact that Mitchell suffered an incorrect, adverse legal decision that was not remedied is regrettable, but it is not the equivalent of "actual innocence," which is a required element for an independent action for relief from a habeas judgment. See Calderon, 523 U.S. at 557-58, 118 S.Ct. 1489. Nor, in the context of this case — where Mitchell failed to raise his claim at earlier available opportunities and where current Supreme Court case law now mandates the same result as the incorrect decision — can Mitchell meet any other possible standard for relief embodied in the "stringent" and "demanding" standard of a "grave miscarriage of justice" in any context. See Gottlieb, 310 Fed.Appx. at 425; Wise, 340 Fed.Appx. at 959. Therefore, Mitchell cannot satisfy the threshold requirement for an independent action in equity.

III.

Because the petitioner cannot demonstrate "a grave miscarriage of justice," we find that relief pursuant to this independent action is unavailable. We AFFIRM the judgment of the district court.