(HC) Williams v. People of the State of California
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 HENRY DON WILLIAMS, No. 2:17-cv-2627 TLN AC P Petitioner, v. FINDINGS AND RECOMMENDATIONS PEOPLE OF THE STATE OF
CALIFORNIA,
15 Respondent.
17 By order filed June 14, 2024, this action was dismissed and the district judge declined to issue a certificate of appealability. ECF No. 51. Judgment was entered the same day. ECF No. 52. On July 10, 2024,1 petitioner filed a motion for reconsideration of the denial of a certificate of appealability. ECF No. 53. The motion was later referred to the undersigned. ECF No. 54. A motion for reconsideration or relief from a judgment is appropriately brought under either Rule 59(e) or Rule 60(b) of the Federal Rules of Civil Procedure. Fuller v. M.G. Jewelry, 950 F.2d 1437, 1442 (9th Cir. 1991) (citing Taylor v. Knapp, 871 F.2d 803, 805 (9th Cir. 1989)). The motion “is treated as a motion to alter or amend judgment under Federal Rule of Civil Procedure 59(e) if it is filed [within the time…