Opinion
3:22-cv-5245-JHC-TLF
07-31-2023
LUCIANO MOLINA RIOS, Petitioner, v. STATE OF WASHINGTON, Respondent.
ORDER
John H. Chun United States District Judge
This matter comes before the Court on Petitioner's “Motion to Resubmit Attached 60(b)(4) Motion to Vacate Void Judgement.” Dkt. # 25. The Court has reviewed the motion, the rest of the case file, and the applicable law. The Court construes the motion as brought under Federal Rule of Civil Procedure 60(b)(4). For the reasons below, the Court DENIES the motion.
The motion is procedurally improper. It raises an issue irrelevant to the Report and Recommendation, Dkt. # 21, Petitioner's objections thereto, Dkt. #22, and Court order adopting the Report and Recommendation and judgment thereon, Dkt. ## 23 and 24. Thus, it raises no basis for a Rule 60(b)(4) challenge to the judgment.