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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1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 D. DUSTIN, No. 2:11-CV-2375-TLN-CMK-P 12 Petitioner, 13 v. 14 R. LOPEZ, et al., 15 ORDER Respondents. 16 17 Petitioner, a state prisoner proceeding pro se, brought this petition for a writ of 18 habeas corpus pursuant to 28 U.S.C. § 2254. Final judgment was entered on September 28, 2012, 19 and the Ninth Circuit Court of Appeals denied a certificate of appealability on November 27, 20 2012. Pending before the Court is Petitioner’s motion for reconsideration pursuant to Federal 21 Rule of Civil Procedure 60(b), ECF No. 44, filed on April 14, 2014. Petitioner’s motion is 22 untimely. See Fed. R. Civ. P. 60(c)(1). 23 Accordingly, IT IS HEREBY ORDERED that Petitioner’s motion for 24 reconsideration, ECF No. 44, is denied as untimely. 25 Dated: November 18, 2014 26 27 Troy L. Nunley United States District Judge 28 1

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