Wilkins v. Macomber

Filing 165

ORDER : (1) DENYING MOTION TO ALTER OR AMEND; (2) GRANTING CERTIFICATE OF APPEALABILITY ON MERITS OF CLAIMS 2, 8, 21, 22, AND EXHUASTION OF CLAIM 23 denying 162 Motion to Amend/Correct ; ; denying 162 Motion to Alter Judgment. (Illston, Susan) (Filed on 6/24/2022)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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KEENAN G. WILKINS,
Plaintiff,

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United States District Court
Northern District of California

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Case No. 16-cv-00221-SI

v.
JEFF MACOMBER,
Defendant.

ORDER: (1) DENYING MOTION TO
ALTER OR AMEND; (2) GRANTING
CERTIFICATE OF APPEALABILITY
ON MERITS OF CLAIMS 2, 8, 21, 22,
AND EXHUASTION OF CLAIM 23
Re: Dkt. No. 162

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On April 25, 2022, petitioner Keenan Wilkins filed a motion to alter or amend this Court’s
order denying him Section 2254 habeas relief. Dkt. Nos. 162 (motion), 159 (order). Petitioner’s
motion is directed at Claims 8, 2, 22, and 23. The Court has reviewed the arguments raised in the
moving papers and concludes alteration or amendment of this Court’s prior judgment is not
appropriate under Fed. R. Civ. P. 59(e) or 60(b). The motion is DENIED.
Pursuant to Rule 11 Governing Section 2254 Cases in the U.S. District Courts, the Court
GRANTS a Certificate of Appealability on the merits of Claims 2, 8, and 22. The Court also
GRANTS a Certificate of Appealability the proper scope of exhaustion for Claim 23, as well as a
Certificate of Appealability on the merits of Claim 21.

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IT IS SO ORDERED.
Dated: June 24, 2022
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SUSAN ILLSTON
United States District Judge