Brown v. Miller
ORDER DENYING 50 Motion for Reconsideration signed by District Judge Anthony W. Ishii on 4/21/2017. (Sant Agata, S)
IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF CALIFORNIA
Case No. 1:12-cv-01787 AWI MJS (HC)
AMY MILLER, Warden,
Petitioner is a state prisoner proceeding pro se with a petition for writ of habeas
corpus pursuant to 28 U.S.C. § 2254.
On March 25, 2015, the undersigned denied the petition on the merits. On
October 24, 2016, Petitioner filed this motion for reconsideration pursuant to Federal
Rules of Civil Procedure § 60(b). (ECF No. 50.)
Rule 60(b) of the Federal Rules of Civil Procedure provides:
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
(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);
(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.
Petitioner does not set forth any arguments or items of evidence not already
considered by this Court. He presents arguments that were previously raised and
adjudicated in his petition, including that the trial court erred in failing to instruct on a
provocation defense and that the prosecution failed to prove that he acted with malice
aforethought. The Court’s prior ruling addressed the same claims presented in this
motion for reconsideration. Petitioner has presented no grounds upon which the Court
might determine that its prior decision was erroneous. Accordingly, Petitioner is not
entitled to post-judgment relief.
Petitioner’s motion for reconsideration is DENIED.
IT IS SO ORDERED.
Dated: April 21, 2017
SENIOR DISTRICT JUDGE
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