Gastelo

(HC) Barton v. Gastelo

Good Law
United States District Court, Eastern District of CaliforniaSeptember 30, 20212:19-cv-02126California530 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 WILLIAM RAY BARTON, No. 2:19-cv-2126 KJM AC P Petitioner, v. ORDER JOSIE GASTELO, Respondent. 16 By order filed September 29, 2020, this action was dismissed and the undersigned declined to issue a certificate of appealability. ECF No. 7. Judgment was entered the same day. ECF No. 8. On October 11, 2020,1 petitioner filed what appears to be a handwritten copy of the docket entries for the order dismissing the case and judgement, except that he has edited the language to reflect that a certificate of appealability was granted. ECF No. 9. The filing will therefore be construed as a motion for reconsideration. A motion for reconsideration or relief from a judgment is appropriately brought under either Rule 59(e) or Rule 60(b) of the Federal Rules of Civil Procedure. Fuller v. M.G. Jewelry, 950 F.2d 1437, 1442 (9th Cir. 1991) (citing Taylor v. Knapp, 871 F.2d 803, 805 (9th Cir. 1989)). The motion “is treated as a…

Sign in to read the full opinion

Create a free account to read the complete opinion text, citation history, and good-law status for this case.