Maes v. Chrones et al

Filing 40

ORDER signed by District Judge Benjamin H. Settle on 11/19/2013 DENYING 38 Motion for Relief pursuant to F.R.Cv.P. Rule 60(b). (Michel, G)

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UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF CALIFORNIA

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MANUEL JOSE MAES, JR.,
Petitioner,

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ORDER DENYING
PETITIONER’S MOTION

v.

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CASE NO. C07-1292 BHS

LEA ANN CHRONES,
Respondent.

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This matter comes before the Court on Petitioner Manuel Jose Maes, Jr.’s
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(“Maes”) motion for relief pursuant to Fed. R. Civ. P. 60 (Dkt. 38).
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On March 12, 2009, the Court denied Maes’s petition for writ of habeas corpus.
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(Dkt. 32) and entered judgment in favor of Respondent (Dkt. 33). On October 28, 2013,
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Maes filed the instant motion arguing for relief from that judgment because of ineffective
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assistance of counsel appointed to prosecute Maes’s petition. Dkt. 38.
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Rule 60(b)(6) is a catch-all provision that should be used “sparingly as an
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equitable remedy to prevent manifest injustice.” United States v. Alpine Land &
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Reservoir Co., 984 F.2d 1047, 1049 (9th Cir. 1993).
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ORDER - 1

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In this case, Maes has failed to show a manifest injustice in the denial of his

2 original petition. Although Maes alleges various errors of counsel, none of these errors
3 relate to the grounds for relief that were before this Court in Maes’s original petition.
4 Therefore, the Court DENIES the motion because there is no reason to relieve Maes
5 from the judgment for Respondent on the issues that were presented to the Court.
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If Maes requests relief based on additional grounds, he may file a second or

7 successive petition for a writ of habeas corpus with the Ninth Circuit Court of Appeals.
8 See Ninth Circuit Local Rule 22-3 (application for authorization to file second or
9 successive petition). The Court, however, declines to sua sponte convert this motion into
10 an application for a second or successive petition.
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Dated this 19th day of November, 2013.

A

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BENJAMIN H. SETTLE
United States District Judge

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ORDER - 2