Corbett
Corbett v. Cate
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 6 MICHAEL J. CORBETT, Case No. 12-cv-02070-PJH
Petitioner,
ORDER
v. 9 Re: Dkt. No. 28 MATTHEW CATE, Respondent.
12 Petitioner, a state prisoner, filed a pro se writ of habeas corpus pursuant to 28 U.S.C. § 2254. The petition was denied on the merits on January 21, 2014. Docket No. 18. Petitioner was appointed counsel for his appeal, but the Ninth Circuit affirmed the denial on December 22, 2015. Docket No. 24. The Supreme Court denied a petition for a writ of certiorari on April 25, 2016. Docket No. 27. Presently pending is petitioner’s motion for relief from a final judgment pursuant to Federal Rule of Civil Procedure 60(b). Rule 60(b) lists six grounds for relief from a judgment. Such a motion must be made within a “reasonable time,” and as to grounds for relief (1) - (3), no later than one year after the judgment was entered. See Fed. R. Civ. P. 60(b). Rule 60(b) provides for reconsideration where one or more of the following is shown: (1) mistake,…