(HC) Smith v. Clark

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA 10 LAWRENCE CHRISTOPHER SMITH, No. 1:21-cv-01346 JLT EPG (HC) Petitioner, ORDER DENYING PETITIONER’S

MOTION TO BE RELIEVED OF

v. RULING/JUDGMENT KEN CLARK, (Doc. 29) Respondent. 16 Lawrence Christopher Smith is a state prisoner proceeding pro se with a petition for writ of habeas corpus brought pursuant to 28 U.S.C. § 2254. Petitioner now seeks relief from judgment pursuant to Federal Rule of Civil Procedure 60(b)(3). (Doc. 29.) I. BACKGROUND Petitioner was charged with several crimes arising out of four incidents that occurred while he was an inmate at Corcoran State Prison. People v. Smith, No. F076167, 2020 WL 2520062, at *1 (Cal. Ct. App. May 18, 2020). On July 5, 2017, Petitioner was convicted by a jury in the Kern County Superior Court of three counts of obstructing/resisting an executive officer (counts 1, 3, 6); aggravated battery on a state prison officer (count 2); two counts of being a 26 …