Fosselman v. Evans
Filing
48
ORDER DENYING Petitioner's 47 Motion to Alter or Amend Judgment signed by District Judge Lawrence J. O'Neill on 6/13/2011. (Marrujo, C)
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UNITED STATES DISTRICT COURT
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EASTERN DISTRICT OF CALIFORNIA
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LORENZO FOSSELMAN, JR.,
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Petitioner,
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v.
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M. S. EVANS, Warden,
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Respondent.
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____________________________________)
1:07-CV-00812 LJO GSA HC
ORDER DENYING PETITIONER’S
MOTION TO ALTER OR AMEND
JUDGMENT
[Doc. #47]
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Petitioner is a state prisoner proceeding pro se with a petition for writ of habeas corpus
pursuant to 28 U.S.C. § 2254.
On December 3, 2008, the undersigned issued an order denying the petition. Judgment was
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entered the same date. On January 12, 2009, Petitioner filed an untimely notice of appeal; the appeal
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was processed to the Ninth Circuit. On April 26, 2010, the Ninth Circuit denied Petitioner’s request
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for certificate of appealability for failure to file a timely notice of appeal. Petitioner filed a petition
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for rehearing in the Ninth Circuit, which the Ninth Circuit construed as a motion for reconsideration.
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On June 29, 2010, the motion was denied.
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On March 21, 2011, Petitioner filed a motion for relief from judgment or order pursuant to
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Rule 60(b) of the Federal Rules of Civil Procedure in this Court. Respondent filed an opposition to
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Petitioner’s motion on May 4, 2011. The Court denied the motion on May 11, 2011.
U .S. D istrict C ourt
E. D . C alifornia
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On May 31, 2011, Petitioner filed a second motion for relief from judgment. Petitioner is
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advised that his arguments were considered in the Court’s ruling on the previous motion for relief,
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which motion was denied. For the same reasons previously stated, the instant motion is denied.
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Petitioner is further advised that this case is terminated. The petition for writ of habeas corpus, the
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appeal to the Ninth Circuit, the motion for reconsideration in the Ninth Circuit, and the motion for
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relief from judgment in this Court have all been denied. Petitioner is informed that additional filings
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in this case will be stricken.
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IT IS SO ORDERED.
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Dated:
b9ed48
June 13, 2011
/s/ Lawrence J. O'Neill
UNITED STATES DISTRICT JUDGE
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U .S. D istrict C ourt
E. D . C alifornia
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