Pfeiffer

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 MALANJE PHEA, No. 2:20-cv-00283 WBS GGH P Petitioner, v. ORDER AND FINDINGS AND

RECOMMENDATIONS

CHRISTIAN PFEIFFER, Warden, Respondent. 16 Pending before the court is petitioner’s Amended Motion for Relief From Judgment pursuant to Fed. R. Civ. P. 60(b). ECF No. 73. Also pending is petitioner’s Request for an Evidentiary Hearing. ECF No. 72. The amended motion and request for evidentiary hearing were improperly filed after the Honorable William B. Shubb had ordered the case stayed pending decision on petitioner’s interlocutory appeal. ECF No. 67. The Ninth Circuit has now dismissed the interlocutory appeal. ECF Nos. 68, 70. Under Federal Rule of Civil Procedure 60(b), a party may seek relief from judgment or order in limited circumstances such as mistake, newly discovered evidence, and fraud. Fed. R. Civ. P. 60(b)(1)-(3). “Motions for relief from judgment pursuant to Rule 60(b) of the Federal Rules of Civil…