Paramo

(HC) Batton v. Paramo

Good Law
United States District Court, Eastern District of CaliforniaSeptember 24, 20192:16-cv-00762California594 words

Opinion

Trial Court Opinion

IN THE UNITED STATES DISTRICT COURT

FOR THE EASTERN DISTRICT OF CALIFORNIA

MARIO BATTON,

No. 2:16-cv-00762-JKS Petitioner,

ORDER

vs. [Re: Motion at Docket No. 39] DANIEL PARAMO, Warden, Richard J. Donovan Correctional Facility, Respondent. This Court denied Mario Batton, a state prisoner proceeding pro se, habeas corpus relief and a certificate of appealability (“COA”) on March 8, 2018. Docket Nos. 28, 29. By letter dated May 13, 2018, Batton moved for reconsideration of this Court’s order pursuant to Federal Rule of Civil Procedure 60(b). Docket No. 30. The Court denied the request after concluding that Batton failed to make an adequate showing under any of the grounds for reconsideration referenced in that rule. Docket No. 33. Batton also moved in this Court for an extension of time to file a request for a COA. Docket No. 31. Noting that Batton had not yet filed a notice of appeal, which is the first step to perfecting an appeal, the Court construed the request as a motion for an extension of time to file a notice of appeal. Docket No. 33. Because the construed request was made more than 60 days after the judgment denying his habeas petition was…

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