Dews v. Warden of Corcoran State Prison

Filing 14

ORDER DENYING Motion for Reconsideration 13 , signed by District Judge Lawrence J. O'Neill on 9/30/14. (Hellings, J)

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1 2 3 4 5 6 7 IN THE UNITED STATES DISTRICT COURT 8 FOR THE EASTERN DISTRICT OF CALIFORNIA 9 10 11 Case No. 1:14-cv-01113 LJO MJS (HC) CLARENCE LEON DEWS, 12 ORDER DENYING RECONSIDERATION Petitioner, FOR [Doc. 13] v. 13 MOTION 14 15 16 WARDEN, Respondent. 17 18 19 Petitioner is a state prisoner proceeding pro se with a petition for writ of habeas corpus pursuant to 28 U.S.C. § 2254. 20 On September 15, 2014, the undersigned dismissed the petition as successive 21 under 28 U.S.C. § 2244(b)(1). On September 26, 2014, Petitioner filed a motion for 22 reconsideration pursuant to Federal Rules of Civil Procedure § 60(b). 23 Rule 60(b) of the Federal Rules of Civil Procedure provides: 24 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: 25 26 27 28 (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), 1 3 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. 4 Petitioner does not set forth any arguments or evidence that have not already 5 been considered by this Court. The Court finds that its prior ruling that the petition was 6 successive and required to be dismissed was correct. To the extent Petitioner seeks 7 permission to file a successive petition, he should file a request directly with the Ninth 8 Circuit Court of Appeal. 1 2 9 Accordingly, Petitioner's motion for reconsideration is DENIED. 10 11 12 IT IS SO ORDERED. Dated: /s/ Lawrence J. O’Neill September 30, 2014 UNITED STATES DISTRICT JUDGE 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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