Bennett v. Government Employee, Santa Clara County H.O.J.

Filing 17

ORDER by Judge Lucy H. Koh denying 10 Motion for Reconsideration ; denying 11 Motion for Extension of Time to File; denying 12 Motion ; denying 13 Motion for Hearing; denying 15 Motion for Certificate of Appealability (Attachments: # 1 Certificate/Proof of Service) (mpbS, COURT STAFF) (Filed on 3/24/2014)

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IN THE UNITED STATES DISTRICT COURT
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FOR THE NORTHERN DISTRICT OF CALIFORNIA
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DAVID BENNETT,

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Petitioner,
v.
GOVERNMENT EMPLOYEE,
Respondent.

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No. C 13-3641 LHK (PR)
ORDER DENYING MOTION FOR
RECONSIDERATION
(Docket Nos. 10, 11, 12, 13, 15)

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Petitioner, a state prisoner proceeding pro se, filed a writ of habeas corpus pursuant to 28

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U.S.C. § 2254 challenging a criminal judgment against him. On October 4, 2013, the court

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ordered petitioner to show cause why this action should not be dismissed for failure to exhaust.

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On December 4, 2013, after consideration of petitioner’s response, the court dismissed this

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action for failure to exhaust. On December 24, 2013, petitioner filed a motion for

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reconsideration. On February 18, 2014, petitioner filed a notice of exhaustion in which he states

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that he currently has a direct appeal pending with the state appellate court. (Doc. No. 13.)

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Rule 60(b) of the Federal Rules of Civil Procedure provides for reconsideration where

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one or more of the following is shown: (1) mistake, inadvertence, surprise or excusable neglect;

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(2) newly discovered evidence that by due diligence could not have been discovered before the

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Court’s decision; (3) fraud by the adverse party; (4) voiding of the judgment; (5) satisfaction of

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the judgment; (6) any other reason justifying relief. See Fed. R. Civ. P. 60(b); School Dist. 1J v.
Order Denying Motion for Reconsideration; Denying Request for Extension of Time
P:\PRO-SE\LHK\HC.12\Bennett641recon.wpd

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ACandS Inc., 5 F.3d 1255, 1263 (9th Cir. 1993). In the present motion, petitioner has not

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demonstrated a valid basis for reconsideration. Petitioner’s motion for reconsideration is

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DENIED. No further filings shall be accepted in this closed case. The clerk shall terminate all

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pending motions as moot.

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IT IS SO ORDERED.
DATED: ____________________
3/21/14

_________________________
LUCY H. KOH
United States District Judge

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Order Denying Motion for Reconsideration; Denying Request for Extension of Time
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P:\PRO-SE\LHK\HC.12\Bennett641recon.wpd