Alomari
(HC) Larios v. Alomari
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA 10 ROQUE LARIOS, JR., No. 1:24-cv-00302-KES-SKO (HC) Petitioner,
ORDER DENYING RESPONDENT’S
MOTION FOR RECONSIDERATION v. 14 Doc. 25 ISMAEL ALOMARI, Warden, Respondent. 17 On January 6, 2025, the Court issued an order denying respondent Ismael Alomari’s motion to dismiss petitioner Roque Larios, Jr.’s federal habeas petition because, as addressed in the order, Younger abstention is not appropriate. Doc. 24 (“Order”). On January 7, 2025, respondent filed a motion for reconsideration. Doc. 25. Respondent fails to identify a basis for reconsideration of the Order. Federal Rule of Civil Procedure 60(b) provides for relief from an order for the following reasons:
(1) mistake, inadvertence, surprise, or excusable neglect; (2) newly discovered evidence that, with reasonable diligence, could not have been discovered in time to move for a new trial under 59(b); (3) fraud, . . . misrepresentation, or misconduct…