Joseph
Joseph v. People of California
Opinion
trial_court Opinion
1 2 3 4 UNITED STATES DISTRICT COURT 5 NORTHERN DISTRICT OF CALIFORNIA 6 7 JAMES JOSEPH, Case No. 21-cv-06745-WHO (PR)
Petitioner, 8
ORDER DENYING SECOND
v. 9 MOTION FOR
RECONSIDERATION
10 RICK HILL,
Respondent. 11 Dkt. No. 30
12
13 Petitioner James Joseph has filed a second motion for reconsideration under Rule 14 60(b)(6) in which he again asks me to vacate the judgment in this habeas action and re- 15 enter it so that he can file a timely Notice of Appeal. (Dkt. No. 30.) He also asks for the 16 appointment of counsel. (Id.) 17 Under extraordinary circumstances, a district court has the authority under Rule 18 60(b)(6) to reenter judgment for purposes of restoring the right to appeal. Washington v. 19 Ryan, 833 F.3d 1087, 1099 (9th Cir. 2016). In Washington, there were extraordinary 20 circumstances: the petitioner was challenging his death sentence; he missed the filing 21 deadline by one day; and a court error “prevented Washington from seeking an extension 22 of time expressly allowed by the Rules.” Id. at 1089. Washington’s case “is in the narrow 23 band of…