McCarthy

McCarthy v. Frauenheim

Good Law
United States District Court, Northern District of CaliforniaMay 25, 20214:16-cv-06820California1,737 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 6 JAMES T MCCARTHY, Case No. 16-cv-06820-HSG

Petitioner, ORDER DENYING MOTION FOR

RECONSIDERATION PURSUANT TO

v. FED. R. CIV. P. 60(B)

CRAIG KOENIG, Re: Dkt. No. 51 Respondent.

12 Petitioner, an inmate at Correctional Training Facility, filed this pro se action seeking a writ of habeas corpus pursuant to 28 U.S.C. § 2254. On July 13, 2020, the Court denied the petition for a writ of habeas corpus, and denied a certificate of appealability. Dkt. Nos. 45, 46. Petitioner appealed to the Ninth Circuit Court of Appeals and, on March 29, 2021, the Ninth Circuit denied his request for a certificate of appealability. Dkt. Nos. 47, 49. On April 20, 2021, the Ninth Circuit denied Petitioner’s request for reconsideration en banc. Dkt. No. 50. On May 17, 2021, Petitioner filed a motion seeking relief from judgment pursuant to Fed. R. Civ. P. 60(b), alleging mistake by this court and fraud on the court,…

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