Williams v. Martel

Filing 18

ORDER signed by Judge William B. Shubb on 1/25/12 ORDERING that Petitioner's motion for reconsideration 17 , construed as a request for relief from judgment, is granted; This action is reopened and judgment is vacated; The Clerk of the Court is directed to re-serve the November 14, 2011 findings and recommendations on petitioner. (Becknal, R)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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EDWARD WILLIAMS,

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Petitioner,

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vs.

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No. 2: 11-cv-1762 WBS KJN P

MIKE MARTEL,
Respondent.

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ORDER
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Petitioner is a state prisoner, proceeding without counsel, with a petition for writ

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of habeas corpus pursuant to 28 U.S.C. § 2254. On November 14, 2011, the magistrate judge

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recommended that the petition be denied. On November 21, 2011, the findings and

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recommendations were returned unserved with a notation that petitioner had been “discharged.”

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On January 3, 2012, the undersigned adopted the findings and recommendations.

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In this order, the undersigned observed that the findings and recommendations served on

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petitioner were returned although petitioner was properly served. On January 10, 2012, the

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January 3, 2012 order was returned unserved with a notation that petitioner’s name and the

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CDCR number on the order did not match. On January 11, 2010, the January 3, 2012 order was

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re-served on petitioner.

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On January 18, 2012, petitioner filed a motion for reconsideration of the January

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3, 2012 order. This motion is construed as a request for relief from judgment pursuant to Federal

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Rule of Civil Procedure 60(b).

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In the request for relief from judgment, petitioner states that he has been

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incarcerated at Mule Creek State Prison since he filed the original habeas petition in this action.

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Because it appears that the November 14, 2011 findings and recommendations were improperly

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returned, the undersigned orders this action reopened and directs the Clerk of the Court to re-

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serve the findings and recommendations on petitioner.

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Accordingly, IT IS HEREBY ORDERED that:

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1. Petitioner’s motion for reconsideration (Dkt. No. 17), construed as a request
for relief from judgment, is granted;

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2. This action is reopened and judgment is vacated;

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3. The Clerk of the Court is directed to re-serve the November 14, 2011 findings

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and recommendations on petitioner.

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DATED: January 25, 2012

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will1762.ord

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