Allison

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA 10 DAVID LEONARD JOHNSON, Case No.: 19cv1673-LAB (KSC)

Petitioner,

ORDER DENYING MOTION FOR

v. RECONSIDERATION MARION SPEARMAN, Warden, Respondent. 16 Petitioner David Johnson, a prisoner in state custody, filed his petition for writ of habeas corpus under 28 U.S.C. 2254. After receiving briefing, Magistrate Judge Karen Crawford issued her report and recommendation (the “R&R”), which recommended denying the petition without prejudice. Johnson did not object to the R&R. The Court on June 8, 2020 adopted the R&R and denied the petition without prejudice, and judgment was entered June 9, 2020. Johnson a motion dated February 5, 2021, which the Court accepted for filing by discrepancy order. The Court construed it as a motion for relief from judgment based on excusable neglect, under Fed. R. Civ. P. 60(b)(1). The motion did not ask the Court for any particular relief. Nevertheless, it is clear…