Hood v. Director of the California Department of Corrections

Filing 72

ORDER Denying Motion Pursuant to Rule 60(b) [Doc. No. 71 ]. Signed by Judge Cathy Ann Bencivengo on 10/4/2019. (All non-registered users served via U.S. Mail Service)(anh)

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UNITED STATES DISTRICT COURT

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SOUTHERN DISTRICT OF CALIFORNIA

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DANIEL ROGER HOOD,

15cv1564-CAB-DHB
Petitioner,

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v.

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ORDER DENYING MOTION
PURSUANT TO RULE 60(b) [Doc.
No. 71]

DIRECTOR OF THE CALIFORNIA
DEPARTMENT OF CORRECTIONS
AND REHABILITATION,

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Respondent.

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On September 26, 2019, Petitioner Daniel Roger Hood filed a Motion Pursuant to

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Rule 60(b). [Doc. No. 71.] In the motion, Petitioner states that he is seeking relief

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pursuant to Rule 60(b)(1)(2)(3). [Doc. No. 71 at 1.]

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A. Legal Standard.

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Rule 60 provides for extraordinary relief and may be invoked only upon a showing

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of “exceptional circumstances.” Engleson v. Burlington N.R. Co., 972 F.2d 1038, 1044

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(9th Cir. 1994). The Rule identifies six permissible grounds for relief from a final

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judgment, order, or proceeding, namely: “(1) mistake, inadvertence, surprise, or

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excusable neglect; (2) newly discovered evidence that, with reasonable diligence, could

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not have been discovered in time to move for a new trial under Rule 59(b); (3) fraud by

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the adverse party; (4) the judgment is void; (5) the judgment has been satisfied; (6) and

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15cv1564-CAB-DHB

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other reason justifying relief.” Fed. R. Civ. P. 60(b). Further, the Rule provides that a

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motion brought under it “must be made within a reasonable time – and for reasons (1),

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(2), and (3) no more than a year after the entry of judgment or order of the date of the

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proceeding.” Fed. R. Civ. P. 60(c).

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B. Discussion.

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Here, the petition was denied, and judgment was entered accordingly, on February

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13, 2017. [Doc. Nos. 52 and 53.] This motion -- seeking relief under Rule 60(b)(1), (2),

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and (3) – was filed two and a half years later. Therefore, pursuant to Rule 60(c), the

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motion is untimely.

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C. Conclusion.

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For the reason set forth above, the motion pursuant to Rule 60(b) is DENIED.

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IT IS SO ORDERED.

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Dated: October 4, 2019

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