Worley v. State of Washington

Filing 6

ORDER denying 5 Construed Motion for Reconsideration. Signed by Chief Judge Thomas O. Rice. (BF, Paralegal)**3 PAGE(S), PRINT ALL**(Joel Worley, Prisoner ID: 406164)

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UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF WASHINGTON

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JOEL THOMAS WORLEY,
NO: 2:19-CV-0130-TOR

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Petitioner,
ORDER DENYING CONSTRUED
MOTION FOR RECONSIDERATION

v.
STATE OF WASHINGTON,
Respondent.

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BEFORE THE COURT is Petitioner’s construed Motion for Reconsideration,

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ECF No. 5. This matter was submitted for consideration without oral argument. The

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Court has reviewed the record and is fully informed. For the reasons set forth below,

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the Motion for Reconsideration is DENIED.

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By Order filed May 20, 2019, the Court summarily dismissed Mr. Worley’s

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pro se Petition for Writ of Habeas Corpus by a Person in State Custody pursuant to

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28 U.S.C. § 2254. ECF No. 3. Petitioner had not named a proper Respondent.

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Rumsfeld v. Padilla, 542 U.S. 426 (2004); Stanley v. Cal. Supreme Court, 21 F.3d

ORDER DENYING CONSTRUED MOTION FOR RECONSIDERATION ~ 1

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359, 360 (9th Cir. 1994). He conceded that he did not fully exhaust his state court

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remedies before filing his petition. 28 U.S.C. § 2254(b); Baldwin v. Reese, 541 U.S.

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27 (2004); O’Sullivan v. Boerckel, 526 U.S. 838 (1999). Exhaustion is required.

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Finally, the Court found Petitioner’s assertion that the failure to prosecute him

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by indictment, rather than by information, was legally frivolous. See Gaines v. State

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of Washington, 277 U.S. 81, 86 (1928) (“Prosecution by information instead of by

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indictment is provided for by the laws of Washington. This is not a violation of the

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Federal Constitution.”). In his construed Motion for Reconsideration, Petitioner

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once again asks this Court to direct the State of Washington to present a “bill of

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Indictment” to justify the criminal legal process taken against him. ECF No. 5 at 1.

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Petitioner’s request is squarely foreclosed by the Supreme Court’s decision in

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Gaines.

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A motion for reconsideration may be reviewed under either Federal Rule of

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Civil Procedure 59(e) (motion to alter or amend a judgment) or Rule 60(b) (relief

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from judgment). Sch. Dist. No. 1J v. ACandS, Inc., 5 F.3d 1255, 1262 (9th Cir.

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1993). “A district court may properly reconsider its decision if it ‘(1) is presented

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with newly discovered evidence, (2) committed clear error or the initial decision was

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manifestly unjust, or (3) if there is an intervening change in controlling law.’” Smith

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v. Clark Cnty. Sch. Dist., 727 F.3d 950, 955 (9th Cir. 2013) (quoting School Dist.

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No. 1J, 5 F.3d at 1263). “There may also be other, highly unusual, circumstances

ORDER DENYING CONSTRUED MOTION FOR RECONSIDERATION ~ 2

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warranting reconsideration.” School Dist. No. 1J, 5 F.3d at 1263. These standards

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apply in habeas corpus proceedings under 28 U.S.C. § 2254 to the extent they are

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not inconsistent with applicable federal statutory provisions and rules. See Gonzalez

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v. Crosby, 545 U.S. 524, 530 (2005).

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In this instance, Petitioner has not presented newly discovered evidence. See

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School Dist. No. IJ, 5 F.3d at 1263. He has not shown that the Court committed

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clear error or that the dismissal Order was manifestly unjust. Furthermore, there has

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been no intervening change in controlling law and there are no other circumstances

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warranting reconsideration. Id.

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ACCORDINGLY, IT IS ORDERED:

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Petitioner’s construed Motion for Reconsideration, ECF No. 5, is DENIED.

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The Clerk of Court is directed to enter this Order and provide a copy to Petitioner.

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The file shall remain closed. The Court certifies that pursuant to 28 U.S.C. §

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1915(a)(3), an appeal from this decision could not be taken in good faith, and there

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is no basis upon which to issue a certificate of appealability. 28 U.S.C. § 2253(c);

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Fed. R. App. P. 22(b).

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A certificate of appealability is therefore DENIED.

DATED June 11, 2019.

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THOMAS O. RICE
Chief United States District Judge

ORDER DENYING CONSTRUED MOTION FOR RECONSIDERATION ~ 3