Gipson

(HC) Pineda v. Gipson

Good Law
United States District Court, Eastern District of CaliforniaApril 16, 20201:13-cv-01864California2,645 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 LUIS ALBERTO VALENCIA PINEDA,, No. 1:13-cv-01864-NONE-SAB (HC) Petitioner, v. ORDER DENYING PETITIONER’S MOTION

FOR RELIEF FROM JUDGMENT AND

CONNIE GIPSON, DIRECTING CLERK OF COURT TO

AMEND CAPTION

Respondent. (Doc. No. 28)

17 Petitioner Luis Alberto Valencia Pineda is a state prisoner who filed a petition for writ of habeas corpus pursuant to 28 U.S.C. § 2254. (Doc. No. 1.) Back on January 5, 2015, the court dismissed the petition without prejudice due to petitioner’s failure to prosecute and entered judgment. (Doc. Nos. 25, 26.) Over five years after judgment was entered, on March 9, 2020, the court received the instant motion for relief from judgment. (Doc. No. 28.) Therein, petitioner seeks relief from judgment because, he contends, he never received notice of the court’s dismissal of his petition and thus, the judgment is void. (Id. at 1.) For the reasons discussed below, the court will deny…

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