CDCR
(PC) Dunigan v. CDCR
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 KEVIN DUNIGAN, No. 2:19-cv-2501 WBS AC P Plaintiff, v. ORDER CDCR, et al., Defendants. 16 By order filed March 26, 2020, this action was dismissed, ECF No. 22, and judgment was entered the same day, ECF No. 23. On May 13, 2021, plaintiff filed a petition for writ of error coram nobis which the court construes as a motion for relief from judgment pursuant to Federal Rule of Civil Procedure 60(b). ECF No. 33. 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); 26 Since plaintiff is a prisoner proceeding pro se, he is afforded the benefit of the prison mailbox rule. Houston v. Lack, 487…