(HC) Nelson v. Covello

Filing 30

ORDER signed by Senior District Judge Kimberly J. Mueller on 3/4/2025 DENYING 27 Motion for Reconsideration and DIRECTING the Clerk of the Court to not docket similar submissions from Nelson in the future. (Deputy Clerk OML)

1
2
3
4
5
6
7
8

UNITED STATES DISTRICT COURT

9

FOR THE EASTERN DISTRICT OF CALIFORNIA

10
11

James Denerick Nelson, Jr.,

12

Petitioner,

13
14
15

v.

Case No. 2:24-cv-0758-KJM-AC (P)

ORDER

Patrick Covello, Warden.,
Respondent.

16
17

The court previously denied James Denerick Nelson Jr.’s petition for habeas corpus. See

18

Order (Feb. 7, 2025), ECF No. 25. Nelson has now filed an “Inscription for relief,” (Mot.) ECF

19

No. 27 at 1, which the court construes as a motion for reconsideration under Federal Rule of Civil

20

Procedure 60(b)(6). “A motion for reconsideration should not be granted, absent highly unusual

21

circumstances, unless the district court is presented with newly discovered evidence, committed

22

clear error, or if there is an intervening change in the controlling law.” Marlyn Nutraceuticals,

23

Inc. v. Mucos Pharma GmbH & Co., 571 F.3d 873, 880 (9th Cir. 2009) (quoting 389 Orange St.

24

Partners v. Arnold, 179 F.3d 656, 665 (9th Cir. 1999)). While the court does not question the

25

sincerity of Nelson’s filing, his requests as relevant to this case are difficult to understand and at

26

least part of the submission seems to be directed to the Ninth Circuit and not this court. See Mot.

27

at 16–80. Nelson has not provided evidence of an intervening change in the law, new evidence,

28

or evidence of clear error by this court. His motion for reconsideration is denied.

1

Accordingly, IT IS HEREBY ORDERED that:

2

1. Nelson’s motion for reconsideration, ECF No. 27, is denied; and

3

2. The clerk of the court is instructed to not docket similar submissions from Nelson in

4

the future.

5

This order resolves ECF No. 27.

6

IT IS SO ORDERED.

7

DATED: March 4, 2025.

8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
2