Cisneros

UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF CALIFORNIA

DAVID FITZGERALD GADLEY, Case No. 1:21-cv-00834-SAB-HC

Petitioner, ORDER DENYING PETITIONER’S RULE 59(e) MOTION v. (ECF No. 18) THERESA CISNEROS, Respondent.

15 Petitioner is a state prisoner who proceeded pro se with a petition for writ of habeas corpus pursuant to 28 U.S.C. § 2254. The parties have consented to the jurisdiction of a United States Magistrate Judge. (ECF Nos. 7, 9, 10). I. BACKGROUND On April 20, 2012, Petitioner was convicted by a jury in the Fresno County Superior Court of second-degree robbery. Petitioner admitted to prior convictions and other enhancement allegations. Petitioner was sentenced to a determinate imprisonment term of twenty-three years. (LDs1 1, 2). On July 2, 2013, the California Court of Appeal, Fifth Appellate District affirmed the judgment. (LD 2). Petitioner did not seek review in the California Supreme Court. (ECF No. 8 at 2).2 27 1 “LD” refers to the documents lodged by Respondent on…