Lozano

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 CARLOS TOMAS GARCIA, No. 2:22-cv-00629-TLN-AC Petitioner, v. ORDER JARED LOZANO, Respondent. 16 By the Court’s Order filed July 25, 2022, this action was dismissed and the Court declined to issue a certificate of appealability. (ECF No. 13.) Judgment was entered the same day. (ECF No. 14.) On August 17, 2022,1 Petitioner filed a motion for reconsideration and request for appointment of counsel. (ECF No. 15.) 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 motion to alter or amend judgment under Federal Rule of Civil Procedure 59(e) if it is filed [within the time provided by that Rule]. Otherwise, it is treated as a Rule 60(b) motion for relief from a…