Parsons v. Knipp et al

Filing 49

ORDER by Judge Haywood S. Gilliam, Jr. DENYING PETITIONERS MOTION FOR LEAVE TO FILE MOTION FOR RELIEF FROM JUDGMENTRE 46 , 47 and 48 . (Attachments: # 1 Certificate/Proof of Service)(ndrS, COURT STAFF) (Filed on 10/4/2017)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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AARON ATLEE PARSONS,
Petitioner,

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v.
JOE LIZARRAGA, Warden,
Respondent.

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Case No. 14-cv-04833-HSG (PR)
ORDER DENYING PETITIONER’S
MOTION FOR LEAVE TO FILE
MOTION FOR RELIEF FROM
JUDGMENT
Re: Dkt. Nos. 46, 47, 48

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Petitioner’s motion for leave to file a motion for relief from judgment pursuant to Rule 60

United States District Court
Northern District of California

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of the Federal Rules of Civil Procedure (dkt. no 46) is DENIED as there has been no final

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judgment in this action. Petitioner’s supporting supplement (dkt. no. 47) and motion to

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supplement (dkt. no. 48) are also DENIED. To the extent petitioner seeks reconsideration of the

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Court’s August 1, 2017 order staying proceedings, petitioner has not shown good cause for

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reconsideration. The stay was imposed pending decision by the California Supreme Court relating

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to the timeliness of the petition, while the instant motions appear to address the underlying merits

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of the petition.

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Pursuant to Rule 25(d) of the Federal Rules of Civil Procedure, the Clerk is directed to

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substitute Warden Joe Lizarraga, the warden of Mule Creek State Prison (where petitioner is

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incarcerated), on the docket as the respondent in this action.

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This order terminates dkt. nos. 46, 47, and 48.

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IT IS SO ORDERED.

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Dated: 10/4/2017

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HAYWOOD S. GILLIAM, JR.
United States District Judge