(HC)Henderson

(HC)Henderson v. State of California

Good Law
United States District Court, Eastern District of CaliforniaMarch 16, 20212:20-cv-01305California217 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 9 Lance K. Henderson, No. 2:20-cv-1305-KJM-DB Petitioner, ORDER Vv. State of California, Respondent. 15 The court is in receipt of petitioner Lance Henderson’s post-judgment request for an 17 evidentiary hearing. ECF No. 11. Because that request was filed within twenty-eight days of the judgment, the court construes it as a motion for relief under Federal Rule of Civil Procedure 59(e). See Am. Ironworks & Erectors, Inc. v. N. Am. Const. Corp., 248 F.3d 892, 898-99 (9th Cir. 2001). “Under Rule 59(e), a motion for reconsideration should not be granted, absent highly unusual circumstances, unless the district court is presented with newly discovered evidence, committed clear error, or if there is an intervening change in the controlling law.” 389 Orange St. Partners v. Arnold, 179 F.3d 656, 665 (9th Cir. 1999) (citation omitted). Petitioner’s request 24 does not satisfy this standard and is denied. Any…

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