Garcia
Garcia v. McDowell
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 6 ESEQUIEL GARCIA, Case No. 16-cv-05301-BLF (PR)
Petitioner,
ORDER DENYING MOTION FOR
v. RECONSIDERATION AND MOTION
TO STAY PROCEEDINGS
NEIL MCDOWELL, Warden,
Respondent.
Before the Court is Petitioner’s post-judgment motion to “reconsider habeas decision (Dkts. 87 & 88) Due Pending State Court Direct Attack on the Conviction and Stay Proceedings Pursuant to Civil Rule 60.” Dkt No. 93. Rule 60 permits “the court [to] relieve a party . . . from a final judgment, order, or proceeding” for a number of enumerated reasons that are inapplicable here, as well as “any other reason that justifies relief.” Fed. R. Civ. P. 60(b)(6). Rule 60(b)(6) is a catchall provision, and a party “seeking relief under [it] must show extraordinary circumstances justifying the reopening of a final judgment.” Henson v. Fid. Nat’l Fin., Inc., 943 F.3d 434, 443- 44 (9th Cir. 2019) (quotation omitted). As explained below, Petitioner has not shown …