Neely v. Director of California Department of Corrections et al

Filing 59

ORDER signed by Senior Judge William B. Shubb on 08/16/22 REFERRING 57 Motion for Relief from Judgment to Judge Carolyn K. Delaney for findings and recommendation.(Licea Chavez, V)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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WILLIAM STEWART NEELY,
Petitioner,

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No. 2:08-cv-01416 WBS CKD

v.

ORDER

DIRECTOR, CALIFORNIA
DEPARTMENT OF CORRECTIONS, et
al.,
Respondents.

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Defendant’s Motion for Relief from Judgment Pursuant to

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FRCP 60(b) (Docket No. 57) is hereby REFERRED to the assigned

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Magistrate Judge for findings and recommendation pursuant to 28

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U.S.C. § 636(b)(1)(B), for determination as to (1) whether

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petitioner has presented newly discovered evidence, (2) whether

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petitioner has shown that the district court committed clear

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error or that the court’s denial of his writ of habeas corpus was

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manifestly unjust, and (3) any other appropriate determinations

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as to petitioner’s motion.

See Sch. Dist. Number. 1J, Multnomah
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County v. ACandS, Inc., 5 F.3d 1255, 1262 (9th Cir. 1993).

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IT IS SO ORDERED.

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Dated:

August 16, 2022

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