Sciosciole v. Gower
Filing
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ORDER signed by Magistrate Judge Carolyn K. Delaney on 7/10/2018 DENYING 69 Motion to Re-Open this Case. (Henshaw, R)
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UNITED STATES DISTRICT COURT
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FOR THE EASTERN DISTRICT OF CALIFORNIA
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EDWARD FRANCIS SCIOSCIOLE,
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No. 2:13-cv-2438 CKD P
Petitioner,
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v.
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GOWER,
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ORDER
Respondent.
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Petitioner, a California prisoner proceeding pro se, has filed a motion asking that the court
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reopen this habeas action which was closed on August 5, 2016 when petitioner’s application for a
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writ of habeas corpus was denied. Both parties have consented to having all matters in this action
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before a United State Magistrate Judge. See 28. U.S.C. § 636(c).
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A district court may reconsider a ruling under either Federal Rule of Civil Procedure 59(e)
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or 60(b). See Sch. Dist. Number. 1J, Multnomah County v. ACandS, Inc., 5 F.3d 1255, 1262 (9th
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Cir. 1993). “Reconsideration is appropriate if the district court (1) is presented with newly
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discovered evidence, (2) committed clear error or the initial decision was manifestly unjust, or (3)
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if there is an intervening change in controlling law.” Id. at 1263.
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Petitioner asks that this case be re-opened so he may file a timely notice of appeal with
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respect to this court’s denial of his first motion to re-open this case which the court denied
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November 14, 2017. Petitioner asserts his initial notice of appeal with respect to denial of that
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motion was untimely essentially due to his lack of knowledge of the law. Because petitioner has
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not demonstrated that the denial of his petition for habeas corpus was manifestly unjust, or any
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other basis for relief under Rule 60(b), his motion to reopen this case will be denied.
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Accordingly, IT IS HEREBY ORDERED that petitioner’s motion to re-open this case
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(ECF No. 69) is denied.
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Dated: July 10, 2018
_____________________________________
CAROLYN K. DELANEY
UNITED STATES MAGISTRATE JUDGE
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scio2438.mfr
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