Stephen W. Smythe VS Craig Farwell, et al.

Filing 60

ORDER denying 57 Petitioner's Motion to Vacate Judgment. See order re specifics. Signed by Judge Larry R. Hicks on 4/2/09. (Copies have been distributed pursuant to the NEF - SL)

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1 2 3 4 5 6 UNITED STATES DISTRICT COURT 7 DISTRICT OF NEVADA 8 9 10 11 12 CRAIG FARWELL, et al., 13 Respondents. 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 LARRY R. HICKS UNITED STATES DISTRICT JUDGE vs. STEPHEN WENDELL SMYTHE, Petitioner, ) ) ) ) ) ) ) ) ) ) / 3:04-cv-00462-LRH-RAM ORDER On August 3, 2007, the Court dismissed with prejudice this pro se petition for a writ of habeas corpus. (Docket #44). Judgment was entered on August 6, 2007. (Docket #45). By order filed January 17, 2008, this Court denied petitioner's motion for reconsideration. (Docket #47). Petitioner filed a notice of appeal. (Docket #52). On December 23, 2008, the Court of Appeals denied petitioner's application for a certificate of appealability and denied all pending motions. (Docket #56). On December 24, 2008, petitioner filed a motion to vacate judgment in this action. (Docket #57). Petitioner has failed to make an adequate showing under the Federal Rules that the judgment entered in this action should be vacated. IT IS THEREFORE ORDERED that petitioner's motion to vacate judgment (Docket #57) is DENIED. Dated this 2nd day of April, 2009.

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