Johnson v. Yates et al

Filing 59

ORDER signed by Chief Judge Morrison C. England, Jr. on 3/26/2013 DENYING 57 Motion for Reconsideration. (Michel, G)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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KEITH D. JOHNSON,
Petitioner,

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v.

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No. 2:06-cv-00554-MCE-CHS P

J. YATES, et al.,

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Respondents.

ORDER
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On March 18, 2013, Petitioner filed a document styled as a “Motion for

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Reconsideration.” That motion appears to ask this Court to reconsider its September 30, 2009

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entry of judgment in this case, which denied Petitioner’s application for writ of habeas corpus.

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Petitioner proceeded to appeal that denial to the Ninth Circuit. The Ninth Circuit denied the

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request for certificate of appealability by order dated December 21, 2011. Despite that denial,

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Petitioner filed the present motion some fifteen months later.

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A district court may reconsider a ruling under either Federal Rule of Civil Procedure

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59(e) or 60(b). See Sch. Dist. Number. 1J, Multnomah County v. ACandS, Inc., 5 F.3d 1255,

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1262 (9th Cir. 1993). “Reconsideration is appropriate if the district court (1) is presented with

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newly discovered evidence, (2) committed clear error or the initial decision was manifestly

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unjust, or (3) if there is an intervening change in controlling law.” Id. at 1263.
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Here, Petitioner fails to present newly discovered evidence suggesting the judgment in

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this matter should be reconsidered. Furthermore, the order at issue is neither manifestly unjust

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nor clearly erroneous, nor has there been an intervening change in controlling law.

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Accordingly, IT IS HEREBY ORDERED THAT Petitioner’s March 18, 2013 Motion for
Reconsideration (ECF No. 57) is DENIED.
IT IS SO ORDERED.

7 Date: March 26, 2013
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__________________________________________
MORRISON C. ENGLAND, JR., CHIEF JUDGE
UNITED STATES DISTRICT JUDGE

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