Ghafur v. Davis
Filing
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ORDER Denying Petitioner's 14 Motion for Reconsideration signed by Magistrate Judge Gary S. Austin on 10/23/2012. (Flores, E)
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UNITED STATES DISTRICT COURT
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EASTERN DISTRICT OF CALIFORNIA
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KHADIJAH GHAFUR,
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Petitioner,
1:12-CV-01460 GSA HC
ORDER DENYING PETITIONER’S
MOTION FOR RECONSIDERATION
v.
[Doc. #14]
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R. DAVIS, Warden,
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Respondent.
___________________________________/
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Petitioner is a state prisoner proceeding pro se with a petition for writ of habeas corpus
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pursuant to 28 U.S.C. § 2254. She has consented to the jurisdiction of the Magistrate Judge pursuant
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to 28 U.S.C. § 636(c).
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On October 1, 2012, the undersigned issued an order dismissing the petition as successive.
The Clerk of Court entered judgment on the same date.
On October 11, 2012, Petitioner filed a motion for reconsideration pursuant to Federal Rules
of Civil Procedure § 60(b).
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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:
(1) mistake, inadvertence, surprise, or excusable neglect;
(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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U .S. D istrict C ourt
E. D . C alifornia
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(3) fraud (whether previously called intrinsic or extrinsic), misrepresentation, or
misconduct by an opposing party;
(4) 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
(6) any other reason that justifies relief.
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Petitioner fails to meet this standard. Petitioner argues she filed the instant petition and
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motion to stay in order to toll the statute of limitations while she sought relief in the state courts and
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in the Ninth Circuit Court of Appeals. For the same reasons expressed in the order dismissing the
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petition, Petitioner is advised that her filings in this Court are improper. 28 U.S.C. § 2244(b)(3)(A)
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specifically states that “[b]efore a second or successive application permitted by this section is filed
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in the district court, the applicant shall move in the appropriate court of appeals for an order
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authorizing the district court to consider the application.” Petitioner concedes she has not obtained
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any such authorization from the Ninth Circuit Court of Appeals. Therefore, Petitioner’s arguments
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present no basis for relief.
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Accordingly, Petitioner’s motion for reconsideration is DENIED.
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IT IS SO ORDERED.
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Dated:
6i0kij
October 23, 2012
/s/ Gary S. Austin
UNITED STATES MAGISTRATE JUDGE
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U .S. D istrict C ourt
E. D . C alifornia
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