(HC) Griffin v. People of the State of California

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 Dexter L. Griffin, No. 2:20-cv-0304-KJM-KJN P Petitioner, ORDER Vv. Brandon Price, Respondent. 16 Judgment was entered in this habeas corpus action in August after the court adopted the Magistrate Judge’s findings and recommendations. See F&Rs, ECF No. 24; Order, ECF No. 27; Judgment, ECF No. 28. Later the same month, Mr. Griffin filed a letter addressed to the Clerk’s 20 Office, which the court construes as a motion for relief from judgment under Rule 59(e). See ECF No. 29. Rule 59(e) offers an “extraordinary remedy, to be used sparingly in the interests of finality and conservation of judicial resources.” Kona Enters., Inc. v. Estate of Bishop, 229 F.3d 877, 890 24 (9th Cir. 2000) (citation omitted). A district court may grant a Rule 59(e) motion if it “‘is presented with newly discovered evidence, committed clear error, or if there is an intervening 26 change in the…