Torres
Torres v. Kernan
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 10 MARIO TORRES, Case No. 22-cv-09112 BLF (PR) 11 Petitioner,
ORDER DENYING MOTION FOR
RECONSIDERATION v.
SCOTT KERNAN,
15 Respondent. (Docket No. 12)
17 Petitioner, a former state prisoner, filed a pro se petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2254, challenging his state conviction out of Contra Costa County Superior Court. Dkt. No. 1. On April 25, 2023, the Court dismissed the petition for lack of jurisdiction because Petitioner was not “in custody” when he filed this action. Dkt. No. 10 at 2, citing De Long v. Hennessey, 912 F.2d 1144, 1146 (9th Cir. 1990). Petitioner filed a motion for reconsideration, asserting that the dismissal was erroneous. Dkt. No. 12. 25 DISCUSSION A. Standard of Review dismissal or summary judgment motion), a motion for reconsideration may be based either on Rule 59(e) (motion to alter or amend judgment) or Rule 60(b) (motion for relief from …