(HC) Neely v. Director of CDC

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 WILLIAM STEWART NEELY, No. 2:08-cv-1416 WBS CKD P Petitioner, v. FINDINGS AND RECOMMENDATIONS DIRECTOR, CALIFORNIA DEPARTMENT OF CORRECTIONS, et al., Respondents. 17 On February 28, 2012, petitioner’s 28 U.S.C. § 2254 application for writ of habeas corpus was denied and this case was closed. Petitioner appealed that decision, and the appeal was terminated on March 1, 2013, when the Ninth Circuit declined to issue a certificate of appealability. Petitioner did not seek a writ of certiorari in the United State Supreme Court. Approximately nine years later, on June 9, 2022, petitioner filed a motion for relief from the court’s February 28, 2012, entry of judgment under Rule 60(b) of the Federal Rules of Civil Procedure. On August 17, 2022, the district court judge assigned to the case referred the motion to the undersigned pursuant to 28 U.S.C. § 636(b)(1)(B) for findings and recommendations. For the reasons which…