Dunsmore
Dunsmore v. Beard
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA 10 DARRYL LEE DUNSMORE, Case No.: 13-cv-1193-GPC-PCL
Petitioner,
ORDER DENYING CERTIFICATE OF
v. APPEALABILITY KAMALA D. HARRIS; JEFFREY A.
BEARD,
15 Respondents. 16 17 On August 10, 2015, the Court adopted the Magistrate Judge’s report and recommendation in part and denied the petition for writ of habeas corpus under 28 U.S.C. § 2254 and denied a certificate of appealability. (Dkt. No. 115.) A notice of appeal of the Court’s order was filed on August 24, 2015. (Dkt. No. 119.) Subsequently, Petitioner filed a motion to alter or amend the judgment pursuant to Federal Rule of Civil Procedure 59(e) which the Court denied on October 15, 2015. (Dkt. Nos. 121, 126.) Around June 25, 2021, Petitioner submitted a filing entitled “60(b) Motion” which the Court rejected for filing. (Dkt. No. 139, 139-1.) In its order, Court explained that “Petitioner must file a new 28 U.S.C. § 2254 petition for writ of habeas corpus challenging…