Sciosciole v. Gower

Filing 70

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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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 EDWARD FRANCIS SCIOSCIOLE, 12 No. 2:13-cv-2438 CKD P Petitioner, 13 v. 14 GOWER, 15 ORDER Respondent. 16 17 Petitioner, a California prisoner proceeding pro se, has filed a motion asking that the court 18 reopen this habeas action which was closed on August 5, 2016 when petitioner’s application for a 19 writ of habeas corpus was denied. Both parties have consented to having all matters in this action 20 before a United State Magistrate Judge. See 28. U.S.C. § 636(c). 21 A district court may reconsider a ruling under either Federal Rule of Civil Procedure 59(e) 22 or 60(b). See Sch. Dist. Number. 1J, Multnomah County v. ACandS, Inc., 5 F.3d 1255, 1262 (9th 23 Cir. 1993). “Reconsideration is appropriate if the district court (1) is presented with newly 24 discovered evidence, (2) committed clear error or the initial decision was manifestly unjust, or (3) 25 if there is an intervening change in controlling law.” Id. at 1263. 26 Petitioner asks that this case be re-opened so he may file a timely notice of appeal with 27 respect to this court’s denial of his first motion to re-open this case which the court denied 28 November 14, 2017. Petitioner asserts his initial notice of appeal with respect to denial of that 1 1 motion was untimely essentially due to his lack of knowledge of the law. Because petitioner has 2 not demonstrated that the denial of his petition for habeas corpus was manifestly unjust, or any 3 other basis for relief under Rule 60(b), his motion to reopen this case will be denied. 4 Accordingly, IT IS HEREBY ORDERED that petitioner’s motion to re-open this case 5 (ECF No. 69) is denied. 6 Dated: July 10, 2018 _____________________________________ CAROLYN K. DELANEY UNITED STATES MAGISTRATE JUDGE 7 8 9 10 11 12 1 scio2438.mfr 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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