Starr
Starr v. Covello
Opinion
Trial Court Opinion
I. INTRODUCTION
17 Petitioner Ciara Sky Starr ( “Petitioner”), a state prisoner proceeding pro se, filed a 18 Petition for Writ of Habeas Corpus pursuant to 28 U.S.C. § 2254 (“Petition”) in this case 19 on March 29, 2022 challenging her convictions in San Diego Superior Court case nos. 20 SCD273115 and SCD 265745. See Doc. No. 1. She filed an Amended Petition on 21 January 29, 2023. See Doc. No. 20. Respondent filed a Motion to Dismiss the Amended 22 Petition as untimely on May 23, 2024, which Petitioner opposed. See Doc. Nos. 40–43. 23 On July 31, 2024, the Court granted the Motion to Dismiss, concluding the Petition was 24 untimely, and denied a Certificate of Appealability. See Doc. No. 44. Petitioner has now 25 filed a Motion to Amend Judgment pursuant to Rule 59(e).1 26
28 II. DISCUSSION “Amendment or alteration is appropriate under Rule 59(e) if (1) the district court is presented with newly discovered evidence, (2) the district court committed clear error or made an initial decision that was manifestly unjust, or (3) there is an intervening change in controlling law.” Zimmerman v. City of Oakland, 255 F.3d 734,…