(HC) Neely v. Director of CDC

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 WILLIAM STEWART NEELY, No. 2:08-cv-1416 WBS CKD P 12 Petitioner, 13 v. FINDINGS AND RECOMMENDATIONS 14 DIRECTOR, CALIFORNIA DEPARTMENT OF CORRECTIONS, et 15 al., 16 Respondents. 17 18 On February 28, 2012, petitioner’s 28 U.S.C. § 2254 application for writ of habeas corpus 19 was denied and this case was closed. Petitioner appealed that decision, and the appeal was 20 terminated on March 1, 2013, when the Ninth Circuit declined to issue a certificate of 21 appealability. Petitioner did not seek a writ of certiorari in the United State Supreme Court. 22 Approximately nine years later, on June 9, 2022, petitioner filed a motion for relief from 23 the court’s February 28, 2012, entry of judgment under Rule 60(b) of the Federal Rules of Civil 24 Procedure. On August 17, 2022, the district court judge assigned to the case referred the motion 25 to the undersigned pursuant to 28 U.S.C. § 636(b)(1)(B) for findings and recommendations. For 26 the reasons which…