Uribe

(HC) Walker v. Uribe

Good Law
United States District Court, Eastern District of CaliforniaAugust 4, 20211:11-cv-00585California791 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 MICHAEL E. WALKER, II, Case No.: 1:11-cv-00585-AWI-SKO (HC) Petitioner, ORDER DENYING MOTION FOR

RECONSIDERATION

v. [Doc. No. 45] P. D. BRAZELTON, Warden, Respondent. 16 Petitioner is a state prisoner proceeding in propria persona with a petition for writ of habeas corpus pursuant to 28 U.S.C. § 2254. On March 19, 2013, the Court dismissed the petition with prejudice as untimely. (Doc. No. 39.) Judgment was entered the same date and the case was closed. (Doc. No. 40.) On July 29, 2021, Petitioner filed the instant motion for reconsideration. (Doc. No. 45.) DISCUSSION Federal Rule of Civil Procedure 60(b) governs the reconsideration of final orders of the district court. Rule 60(b) permits a district court to relieve a party from a final order or judgment on grounds of: “(1) mistake, inadvertence, surprise, or excusable neglect; (2) newly discovered evidence . . .; (3) fraud . . . of an adverse…

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