Sammy Williams v. Robert Borg, Warden

991 F.2d 804 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Sammy WILLIAMS, Petitioner-Appellant, v. Robert BORG, Warden, Respondent-Appellee. No. 92-56191. United States Court of Appeals, Ninth Circuit. Submitted April 7, 1993. * Decided April 15, 1993. Before BROWNING, KOZINSKI and RYMER, Circuit Judges. 1 MEMORANDUM ** 2 Sammy Williams, a California state prisoner, appeals pro se the denial of his motion for reconsideration of the district court's dismissal of his 28 U.S.C. § 2254 petition for habeas corpus. The district court dismissed the petition for failure to exhaust state remedies. We have jurisdiction under 28 U.S.C. § 2253 . We affirm. 3 A motion for reconsideration that is not timely under Fed.R.Civ.P. 59(e) may be treated as a motion for relief from the judgment under Fed.R.Civ.P. 60(b). Gould v. Mutual Life Ins. Co. of N.Y., 790 F.2d 769, 772 (9th Cir.1986), cert. denied, 479 U.S. 987 ; Rodriguez v. Southern Pac. Transp. Co., 587 F.2d 980, 981 (9th…