Dilbert

1 2 3 4 UNITED STATES DISTRICT COURT 5 NORTHERN DISTRICT OF CALIFORNIA 6 7 CLIFFORD DILBERT, Case No. 10-cv-03396-SI

8 Petitioner,

ORDER DENYING THIRD RULE 60

9 v. MOTION

10 M. MARTEL, Re: Dkt. No. 27 11 Respondent.

12 13 This action for writ of habeas corpus was dismissed on June 20, 2011 because the petition 14 was barred by the statute of limitations. This court and the Ninth Circuit denied a certificate of 15 appealability. Petitioner’s first motion for relief from the judgment under Federal Rule of Civil 16 Procedure 60(b) was denied on July 6, 2011. (Docket No. 11.) Petitioner’s second Rule 60(b)(6) 17 motion was denied on June 27, 2014. (Docket No. 26.) The case returns for the court's attention 18 because petitioner has filed a third Rule 60(b)(6) motion. (Docket No. 27.) 19 Rule 60(b)(6) is a “catchall provision” allows relief for “any other reason that justifies relief” 20 and applies only when the reason for granting relief from a judgment is not covered by any of the 21 other reasons…