Dustin v. Lopez, et al.

Filing 47

ORDER signed by District Judge Troy L. Nunley on 11/18/14 ORDERING that Petitioner's motion for reconsideration, ECF No. 44 , is denied as untimely. (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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D. DUSTIN,

No. 2:11-CV-2375-TLN-CMK-P

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Petitioner,

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v.

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R. LOPEZ, et al.,

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ORDER

Respondents.

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Petitioner, a state prisoner proceeding pro se, brought this petition for a writ of

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habeas corpus pursuant to 28 U.S.C. § 2254. Final judgment was entered on September 28, 2012,

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and the Ninth Circuit Court of Appeals denied a certificate of appealability on November 27,

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2012. Pending before the Court is Petitioner’s motion for reconsideration pursuant to Federal

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Rule of Civil Procedure 60(b), ECF No. 44, filed on April 14, 2014. Petitioner’s motion is

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untimely. See Fed. R. Civ. P. 60(c)(1).

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Accordingly, IT IS HEREBY ORDERED that Petitioner’s motion for

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reconsideration, ECF No. 44, is denied as untimely.

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Dated: November 18, 2014

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Troy L. Nunley
United States District Judge

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