Huerra v. Busby

Filing 29

ORDER dismissing 26 Motion to set aside Judgment under Rule 60(b) signed by Magistrate Judge Sheila K. Oberto on 10/25/2015. (Lundstrom, T)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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ARMENIO HUERRA,

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Case No. 1:11-cv-01911-SKO HC

Petitioner,

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ORDER DISMISSING MOTION TO SET ASIDE
JUDGMENT UNDER RULE 60(b)

v.

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TIMOTHY BUSBY, Warden,

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(Doc. 26)

Respondent.

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On August 17, 2015, Petitioner, a state prisoner proceeding pro se with a petition for

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writ of habeas corpus pursuant to 28 U.S.C. § 2254, moved set aside the July 28, 2014, order

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denying his petition and entering judgment for Respondent.1 The motion "addresse[d] some,

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but not all, of the grounds in his original petition." Doc. 26 at 1.

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The Court must dismiss the motion as untimely. Motions under Rule 60(b) must be
made within a reasonable time, but no more than one year after the entry of judgment.

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F.R.Civ.P. 60(c)(1). The first motion in this matter was filed more than one year after entry of
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the judgment.
It is hereby ORDERED that Petitioner's motion to set aside the July 28, 2014, judgment

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be dismissed.

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IT IS SO ORDERED.

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Dated:

October 25, 2015

/s/ Sheila K. Oberto

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UNITED STATES MAGISTRATE JUDGE

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Pursuant to 28 U.S.C. § 636(c)(1), both parties consented, in writing, to the jurisdiction of a United States
Magistrate Judge to conduct all proceedings in this case, including the entry of final judgment.

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