Olmos v. Ryan et al

Filing 12

ORDER denying 10 Petitioner's Motion for Relief from Judgment ; denying as moot 11 Petitioner's Motion for Leave to Supplement. Signed by Judge G Murray Snow on 8/31/11.(TLJ)

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WO

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IN THE UNITED STATES DISTRICT COURT

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FOR THE DISTRICT OF ARIZONA

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Timothy Paul Olmos,

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Petitioner,

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vs.

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Charles L. Ryan, et al.,
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Respondents.
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No. CV 11-914-PHX-GMS (MEA)
ORDER

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Petitioner Timothy Paul Olmos, who is confined in the Arizona State Prison Complex-

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Eyman, filed a pro se Petition for Writ of Habeas Corpus pursuant to 28 U.S.C. § 2254 and

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an Application to Proceed In Forma Pauperis. In a June 7, 2011 Order, the Court granted

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the Application to Proceed and dismissed the Petition because Petitioner had proceedings still

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pending in state court.

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On June 16, 2011, Petitioner filed a Motion for Reconsideration (Doc. 8), which the

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Court denied in a June 28, 2011 Order (Doc. 9). On July 21, 2011, Petitioner filed a “Motion

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for Relief From a Judgment or Order Pursuant to Rule 60(b) FRCP” (Doc. 10). On August

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3, 2011, Petitioner filed a “Motion for Leave to Supplement Rule 60(b) Motion” (Doc. 11).

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Rule 60(b) of the Federal Rules of Civil Procedure provides:

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On motion and just terms, the court may relieve a party or its legal
representative from a final judgment, order, or proceeding for the following
reasons:

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(1)

mistake, inadvertence, surprise, or excusable neglect;

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(2)

newly discovered evidence that, with reasonable diligence,
could not have been discovered in time to move for a new trial
under Rule 59(b);

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fraud (whether previously called intrinsic or extrinsic),
misrepresentation, or misconduct by an opposing party;

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the judgment is void;

(5)

the judgment has been satisfied, released or discharged; it is
based on an earlier judgment that has been reversed or vacated;
or applying it prospectively is no longer equitable; or

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any other reason that justifies relief.

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Federal Rule of Civil Procedure 60(b).
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The Court has reviewed the Petition, the Order of dismissal, Petitioner’s Motion for
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Relief from Judgment, and Petitioner’s Supplement to Motion for Relief from Judgment.
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The Court finds no basis under Rule 60(b) to reconsider its dismissal of this action.
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IT IS ORDERED:
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(1)

Petitioner’s July 21, 2011 Motion for Relief from Judgment (Doc. 10) is

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denied.
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(2)

Petitioner’s August 3, 2011 Motion for Leave to Supplement (Doc. 11) is

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denied as moot.
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DATED this 31st day of August, 2011.
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