Pawlicki

Pawlicki v. Paramo

Good Law
United States District Court, Southern District of CaliforniaOctober 21, 20193:16-cv-00721California630 words

Opinion

Trial Court Opinion

I. BACKGROUND

25 On November 3, 2017, Magistrate Judge Dembin issued an extensive and thorough 26 ninety-eight page Report and Recommendation (“R&R”) recommending that the Court 27 deny Pawlicki’s petition for a writ of habeas corpus. (Doc. No. 60.) On November 20, 28 2017, Pawlicki filed his Objection to the R&R. (Doc. No. 61.) On July 2, 2018, this Court adopted the R&R, overruled Pawlicki’s objections, denied the petition for writ of habeas corpus, declined to issue a certificate of appealability, and dismissed as moot Pawlicki’s motion for leave to exhaust claims. (Doc. No. 64.) Pawlicki then filed the instant motion for reconsideration. (Doc. Nos. 67, 69.) II. LEGAL STANDARD A motion to alter judgment is brought under Federal Rule of Civil Procedure 59(e). See Miller v. Transamerican Press, Inc., 709 F.2d 524, 527 (9th Cir. 1983). An amendment to a judgment is appropriate under Fed. R. Civ. P. 59(e) if: “(1) the district court is presented with newly discovered evidence, (2) the district court committed clear error or made an initial decision that was manifestly unjust, or (3) there is an intervening change in…

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