Bell v. Uttecht
Filing
34
ORDER denying 31 Petitioner's Motion for Reconsideration and denying Certificate of Appealability, signed by Judge Ronald B. Leighton.(DN) Modified on 11/1/2012 (DN). (cc to petitioner)
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HONORABLE RONALD B. LEIGHTON
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UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
AT TACOMA
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REGINALD BELL,
CASE NO. C12-5215 RBL
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Petitioner,
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v.
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ORDER DENYING MOTION FOR
RECONSIDERATION AND
DENYING CERTIFICATE OF
APPEALABLITY
JEFFERY UTTECHT,
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Respondent.
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THIS MATTER is before the Court on Petitioner’s Motion for Reconsideration [Dkt.
15 #31] and his Request for a Certificate of Appealability. Both are related to this Court’s Order
16 [Dkt. #29] Adopting Magistrate Judge Strombom’s Report and Recommendation [Dkt. #25]
17 Denying Claims 1, 3 and 5 of Petitioner’s habeus Petition [Dkt. #8], and re-referring Claims 2
18 and 4 to the Magistrate Judge for further briefing on the merits. The Court also adopted Judge
19 Strombom’s recommendation that Petitioner be DENIED a Certificate of Appealability on the
20 denied claims.
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Petitioner appealed this Court’s Order, but now seeks Reconsideration of it. Under Fed.
22 R. Civ. P. 62.1 and Fed. R. App. P. 4(a)(4), certain post judgment Motions may be ruled upon
23 by the District court without a remand from the appellate Court. These include Motions for a
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ORDER DENYING MOTION FOR
RECONSIDERATION AND DENYING
CERTIFICATE OF APPEALABLITY - 1
1 New Trial under Rule 59 and Motions for Relief from Judgment under Rule 60(b). If and to the
2 extent Petitioner’s Motion for reconsideration under Local Rule 7(h) can be construed as a
3 Motion under one of these Rules, the Motion is DENIED, as it fails to demonstrate a manifest
4 error or a showing of new facts or authority.
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For the reasons already stated in the Report and Recommendation, the Petitioner’s
6 request for a Certificate of Appeal for the denied claims now on appeal is DENIED.
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IT IS SO ORDERED.
Dated this 1st day of November, 2012.
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A
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Ronald B. Leighton
United States District Judge
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ORDER DENYING MOTION FOR
RECONSIDERATION AND DENYING
CERTIFICATE OF APPEALABLITY - 2
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