Williams v. Baker et al

Filing 88

ORDER that Petitioner's Motion for Reconsideration (ECF No. 85 ) and Motion for Stay and Abeyance (ECF No. 84 ) are denied. Signed by Judge Miranda M. Du on 7/19/2019. (Copies have been distributed pursuant to the NEF - LH)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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***

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MATHEW LEE WILLIAMS,

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Petitioner,
v.

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Case No. 3:16-cv-00505-MMD-CBC
ORDER DENYING
POST-JUDGMENT MOTIONS
(ECF NOS. 84, 85)

RENEE BAKER, et al.,

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Respondents.

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In this action, on June 24, 2019, the Court denied Mathew Lee Williams’s amended

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petition for a writ of habeas corpus and denied Williams a certificate of appealability (ECF

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No. 81), and judgment was entered accordingly (ECF No. 82).

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On July 3, 2019, Williams filed a motion for reconsideration (ECF No. 85) and a

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motion for stay and abeyance (ECF No. 84). Respondents filed an opposition to the

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motion for reconsideration on July 8, 2019 (ECF No. 86), and Williams replied on July 17,

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2019 (ECF No. 87).

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Under Federal Rule of Civil Procedure 60(b), a court may relieve a party from a

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final judgment if there is a showing of: (1) mistake, inadvertence, surprise, or excusable

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neglect; (2) newly discovered evidence; (3) fraud; (4) a void judgment; (5) a satisfied or

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discharged judgment; or (6) any other reason justifying relief. See Fed. R. Civ. P. 60(b).

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Williams does not make a showing warranting relief under Rule 60(b). That motion will be

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denied.

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The denial of the motion for reconsideration renders moot the motion for stay and

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abeyance. And, at any rate, the Court has examined the motion for stay and abeyance

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and determines that it is without merit.

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///

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It is therefore ordered that Petitioner’s Motion for Reconsideration (ECF No. 85)
and Motion for Stay and Abeyance (ECF No. 84) are denied.
DATED THIS 19th day of July 2019.

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MIRANDA M. DU
UNITED STATES DISTRICT JUDGE

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