Pfeiffer

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 MALANJE PHEA, No. 2:20-cv-0283 WBS KJN P Petitioner, v. ORDER and FINDINGS &

RECOMMENDATIONS

CHRISTIAN PFEIFFER, Warden, Respondent. 16 Petitioner is a state prisoner, proceeding pro se. On January 28, 2022, the petition for writ of habeas corpus under 28 U.S.C. § 2254 was dismissed and judgment was entered in favor of respondent. (ECF Nos. 89 (judgment); 88 (order adopting 52 & 63).) On March 8, 2022, petitioner filed a motion for relief from judgment under Rule 60(b)(3) of the Federal Rules of Civil Procedure. (ECF No. 91.) Respondent did not file an opposition. As discussed below, the motion should be denied. Legal Standards Rule 60(b) provides for relief from a judgment or order on the following grounds: (1) mistake, inadvertence, surprise, or excusable neglect; (2) newly discovered evidence that, with reasonable diligence, could not have been discovered in time to move for a new…