Warden

(HC) Gabaldon v. Warden

Good Law
United States District Court, Eastern District of CaliforniaOctober 8, 20192:18-cv-01853California559 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 LINDA TAMMY GABALDON, No. 2:18-cv-1853-MCE-EFB P Petitioner, v. FINDINGS AND RECOMMENDATIONS ATTORNEY GENERAL, Respondent. 16 Petitioner, a state prisoner proceeding pro se, filed an application for a writ of habeas corpus pursuant to 28 U.S.C. § 2254. By order filed January 4, 2019, this action was summarily dismissed. ECF No. 14. Judgment was entered on the same day. ECF No. 15. On July 18, 2019, after the case was closed, petitioner filed a two-sentence request to reopen her case. ECF No. 16. In an abundance of caution, the court construes petitioner’s request as a motion for relief from judgment pursuant to Rule 60(b) of the Federal Rules of Civil Procedure. So construed, the motion must be denied. Rule 60(b) provides for reconsideration of a final judgment where one of more of the following is shown: (1) mistake, inadvertence, surprise, or excusable neglect; (2) newly discovered evidence which, with…

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