Ciolli

(HC) Smith v. Ciolli

Good Law
United States District Court, Eastern District of CaliforniaSeptember 20, 20211:20-cv-01363California693 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF CALIFORNIA

JEFFREY SMITH, Case No. 1:20-cv-01363-AWI-SAB-HC

Petitioner, ORDER DENYING PETITIONER’S

MOTION TO ALTER OR AMEND

v. JUDGMENT

A. CIOLLI, (ECF No. 15) Respondent.

15 Petitioner is a federal prisoner who proceeded pro se with a petition for writ of habeas corpus pursuant to 28 U.S.C. § 2241. On July 26, 2021, the Court dismissed Petitioner’s petition for writ of habeas corpus for lack of jurisdiction as Petitioner failed to satisfy the criteria to bring a § 2241 petition pursuant to the escape hatch of 28 U.S.C. § 2255(e) and judgment was entered. and this case was closed. (ECF Nos. 13, 14). On August 16, 2021, the Court received the instant motion to alter or amend the judgment pursuant to Rule 59(e). (ECF No. 15). The Ninth Circuit has recognized that altering or amending a judgment under Rule 59(e) is an “extraordinary remedy, to be used sparingly in the interests of finality and conservation of judicial resources.” Kona Enters.,…

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