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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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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Case No. 1:14-cv-01113 LJO MJS (HC)
CLARENCE LEON DEWS,

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ORDER
DENYING
RECONSIDERATION
Petitioner,

FOR

[Doc. 13]

v.

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MOTION

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WARDEN,
Respondent.

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Petitioner is a state prisoner proceeding pro se with a petition for writ of habeas
corpus pursuant to 28 U.S.C. § 2254.

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On September 15, 2014, the undersigned dismissed the petition as successive

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under 28 U.S.C. § 2244(b)(1). On September 26, 2014, Petitioner filed a motion for

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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:

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(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),
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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 does not set forth any arguments or evidence that have not already

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been considered by this Court. The Court finds that its prior ruling that the petition was

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successive and required to be dismissed was correct. To the extent Petitioner seeks

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permission to file a successive petition, he should file a request directly with the Ninth

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Circuit Court of Appeal.

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Accordingly, Petitioner's motion for reconsideration is DENIED.

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IT IS SO ORDERED.
Dated:

/s/ Lawrence J. O’Neill

September 30, 2014

UNITED STATES DISTRICT JUDGE
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