(HC) Simmons v. People of the State of California

Good Law
United States District Court, Eastern District of CaliforniaApril 11, 20232:21-cv-01033California574 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 MELVIN JOSEPH SIMMONS, No. 2:21-cv-01033 KJM AC P Petitioner, ORDER v.

PEOPLE OF THE STATE OF CALIFORNIA,

1S Respondent. 16 Petitioner, a state prisoner proceeding pro se, filed an application for a writ of habeas corpus under 28 U.S.C. § 2254. ECF No. 1. This court adopted the magistrate judge’s findings and recommendations and dismissed the application without prejudice as a second or successive 20 application. Prior Order (Jan. 17, 2023), ECF No. 16. Petitioner now seeks relief from judgment under Federal Rule of Civil Procedure 60(b). Mot. at 3, ECF No. 17. Federal Rule of Civil Procedure 60(b) governs relief from orders and judgments of the 23 district court. The Rule permits a district court to relieve a party from a final order or judgment 24 on grounds of: “(1) mistake, inadvertence, surprise, or excusable neglect; .. . (3) fraud... by an opposing party, . . . or (6) any other…

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