UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA
April 28, 2010
GABRIEL GONZALEZ, PETITIONER,
DERRAL G. ADAMS, RESPONDENT.
The opinion of the court was delivered by: Anthony W. Ishii Chief United States District Judge
ORDER DENYING PETITIONER'S MOTION FOR RELIEF FROM JUDGMENT
The instant petition for writ of habeas corpus filed pursuant to 28 U.S.C. § 2254, was dismissed as untimely and judgment was entered on January 17, 2008. (Court Docs. 28, 29.) Petitioner filed a notice of appeal to the United States Court of Appeals for the Ninth Circuit. On April 2, 2009, the Ninth Circuit denied Petitioner's certificate of appealability. (Court Doc. 35.)
On April 16, 2010, Petitioner filed a motion for relief from judgment pursuant to Rule 60(b) of the Federal Rules of Civil Procedure. (Court Doc. 36.)
Federal Rule of Civil Procedure 60(b) governs the reconsideration of final orders of the district court. The rule permits a district court to relieve a party from a final order or judgment on the grounds of: "(1) mistake, inadvertence, surprise, or excusable neglect; (2) newly discovered evidence which by due diligence could not have been discovered in time to move for a new trial under Rule 59(b) ; (3) fraud . . . of an adverse party; (4) the judgment is void; (5) the judgment has been satisfied . . . ; or (6) any other reason justifying relief from the operation of the judgment." Fed.R.Civ.P. 60(b). The motion for reconsideration must be made within a reasonable time, in any event, "not more than one year after the judgment, order, or proceeding was entered or taken." Id.
The instant petition was dismissed with prejudice over two years ago, and the Court of Appeals denied a certificate of appealability. Petitioner is advised that the instant action is final and no further relief is allowed. Petitioner has not made a showing of "extraordinary circumstances" that would justify relief from judgment. Accordingly, as Petitioner has not presented a basis warranting relief from judgment, IT IS HEREBY ORDERED that Petitioner's motion for relief from judgment is DENIED.
IT IS SO ORDERED.
© 1992-2010 VersusLaw Inc.