Huerta v. Davis

Filing 36

ORDER DENYING Petitioner's 31 Motion for Reconsideration signed by District Judge Anthony W. Ishii on 2/6/2018. (Sant Agata, S)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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ARTURO HUERTA,
Petitioner,

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Case No. 1:15-cv-01827-AWI-SAB-HC
ORDER DENYING PETITIONER’S
MOTION FOR RECONSIDERATION

v.
(ECF No. 31)
RON DAVIS,
Respondent.

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Petitioner is a state prisoner who proceeded pro se and in forma pauperis with a § 2254
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petition for writ of habeas corpus. On December 4, 2017, the Court denied Petitioner’s request

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for a Rhines stay, denied the exhausted claims of the petition, and declined to issue a certificate
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of appealability. (ECF No. 29). That same day, the Court entered judgment. (ECF No. 30).
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On December 14, 2017, the Court received the instant motion for reconsideration with
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respect to the denial of a certificate of appealability. (ECF No. 31). The motion for
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reconsideration will be denied as Petitioner has not shown that reconsideration is warranted. See
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Marlyn Nutraceuticals, Inc. v. Mucos Pharma GmbH & Co., 571 F.3d 873, 880 (9th Cir. 2009).
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The Court notes that Petitioner may seek a certificate of appealability from the court of appeals.
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See Fed. R. App. P. 22(b)(1).
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Accordingly, IT IS HEREBY ORDERED that Petitioner’s motion for reconsideration

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(Doc. No. 49) is DENIED.
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Dated: February 6, 2018
SENIOR DISTRICT JUDGE