Opinion
1:21-cv-01123-HBK
07-29-2021
MICHAEL E. WALKER, II, Plaintiff, v. W.L. MONTGOMERY, Defendant.
ORDER DIRECTING CLERK OF COURT TO ADMINISTRATIVELY CLOSE CASE AND FILE PETITION AS A MOTION FOR RECONSIDERATION IN NO. 1:11-CV-00585-AWI-SKO (DOC. NO. 1)
HELENA M. BARCH-KUCHTA, UNITED STATES MAGISTRATE JUDGE.
Petitioner Michael E. Walker, II, a state prisoner, has pending a pro se petition for writ of habeas corpus under 28 U.S.C. § 2254, which the Court construes as a motion for reconsideration. (Doc. No. 1). Petitioner states and the Court has confirmed that he has previously sought relief for the claims raised in the instant petition in Walker v. Brazelton, No. 1:11-cv-00585-AWI-SKO (E.D. Cal. Mar. 19, 2013). In the instant petition, Petitioner states that he seeks to “reopen” 1:11-cv-00585-AWI-SKO due to a change in California state law. (Doc. No. 1 at 15). Further, Petitioner states that he seeks relief from the decision entered in 1:11-cv-00585-AWI-SKO under Federal Rule of Civil Procedure 60(b). (Id. at 13-14). Accordingly, the Court construes the petition as a motion for reconsideration of this Court's decision in 1:11-cv-00585-AWI-SKO. Therefore, the Clerk of Court is directed to administratively close the instant case and file the instant petition in 1:11-cv-00585-AWI-SKO as a motion for reconsideration.
Accordingly, it is ORDERED:
The Clerk of Court is directed to administratively close the instant case and to file the petition (Doc. No. 1) as a motion for reconsideration in Walker v. Brazelton, No. 1:11-cv-00585-AWI-SKO (E.D. Cal. Mar. 19, 2013).