Hubard

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 ANTHONY PENTON, No. 2:11-cv-00518-TLN-KJN Plaintiff, v. ORDER L. JOHNSON, et al., Defendants. 16 Plaintiff, a state prisoner proceeding through counsel, filed this civil rights action seeking relief under 42 U.S.C. § 1983. The matter was referred to a United States Magistrate Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302. On March 25, 2022, Plaintiff filed a motion for relief from the Court’s order denying Plaintiff’s renewed motion for default judgment because the Court failed to consider P0laintiff’s timely-filed objections. (ECF No. 272.) Under Rule 60(b) of the Federal Rules of Civil Procedure, “[o]n motion and just terms, the court may relieve a party . . . from a final judgment, order, or proceeding,” based on the following: (1) mistake, inadvertence, surprise, or excusable neglect; (2) newly discovered evidence that, with reasonable diligence, could not have …