Dilbert

Dilbert v. Martel

Good Law
United States District Court, Northern District of CaliforniaJune 9, 20203:10-cv-03396California470 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 6 CLIFFORD DILBERT, Case No. 10-cv-03396-SI

Petitioner,

ORDER DENYING THIRD RULE

v. MOTION

M. MARTEL, Re: Dkt. No. 27 Respondent.

12 This action for writ of habeas corpus was dismissed on June 20, 2011 because the petition was barred by the statute of limitations. This court and the Ninth Circuit denied a certificate of appealability. Petitioner’s first motion for relief from the judgment under Federal Rule of Civil Procedure 60(b) was denied on July 6, 2011. (Docket No. 11.) Petitioner’s second Rule 60(b)(6) motion was denied on June 27, 2014. (Docket No. 26.) The case returns for the court's attention because petitioner has filed a third Rule 60(b)(6) motion. (Docket No. 27.) Rule 60(b)(6) is a “catchall provision” allows relief for “any other reason that justifies relief” and applies only when the reason for granting relief from a judgment is not covered by any of the other reasons…

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