Fox

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 DIRK JAONG BOUIE, JR., No. 2:17-cv-2044 TLN AC P Petitioner, v. FINDINGS AND RECOMMENDATIONS ROBERT FOX, Respondent. 16 By order filed December 20, 2018, respondent’s motion to dismiss was granted and the petition was dismissed as untimely. ECF No. 40. Petitioner has now filed a motion for relief pursuant to Federal Rule of Civil Procedure 60(b). EFC No. 44. Rule 60 of the Federal Rules of Civil Procedure provides that the court may grant relief from a final judgment for the following reasons: (1) mistake, inadvertence, surprise, or excusable neglect; (2) newly discovered evidence that, with reasonable diligence, could not have been discovered in time to move for a new trial under Rule 59(b); (3) fraud (whether previously called intrinsic or extrinsic), misrepresentation, or misconduct by an opposing party; 26 (4) the judgment is void; 27 (5) the judgment has been satisfied,…