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Johnson v. People

United States District Court, Ninth Circuit, California, E.D. California
Aug 8, 2013
2:13-cv-0222 CKD P (E.D. Cal. Aug. 8, 2013)

Opinion


MICHAEL ODIS JOHNSON, Petitioner, v. PEOPLE OF THE STATE OF CALIFORNIA, Respondent. No. 2:13-cv-0222 CKD P United States District Court, E.D. California. August 8, 2013

          ORDER

          CAROLYN K. DELANEY, Magistrate Judge.

         On July 29, 2013, petitioner filed a document the court construes as a motion for reconsideration of this court's dismissal of this action for failure to exhaust state court remedies. A district court may reconsider a ruling under either Federal Rule of Civil Procedure 59(e) or 60(b). See Sch. Dist. Number. 1J, Multnomah County v. ACandS, Inc. , 5 F.3d 1255, 1262 (9th Cir. 1993). "Reconsideration is appropriate if the district court (1) is presented with newly discovered evidence, (2) committed clear error or the initial decision was manifestly unjust, or (3) if there is an intervening change in controlling law." Id. at 1263.

         The court has reviewed the document filed by petitioner on July 29, 2013. There is still nothing suggesting petitioner has exhausted state court remedies with respect to the two claims identified in his May 8, 2013 amended petition for writ of habeas corpus.

         Accordingly, IT IS HEREBY ORDERED that petitioner's July 29, 2013 motion for reconsideration (ECF No. 15) is denied.


Summaries of

Johnson v. People

United States District Court, Ninth Circuit, California, E.D. California
Aug 8, 2013
2:13-cv-0222 CKD P (E.D. Cal. Aug. 8, 2013)
Case details for

Johnson v. People

Case Details

Full title:MICHAEL ODIS JOHNSON, Petitioner, v. PEOPLE OF THE STATE OF CALIFORNIA…

Court:United States District Court, Ninth Circuit, California, E.D. California

Date published: Aug 8, 2013

Citations

2:13-cv-0222 CKD P (E.D. Cal. Aug. 8, 2013)