(HC) Stephen v. Matteson ( 2022 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 | Jimmie Stephen, No. 2:20-cev-1003-KJM-KJN 12 Petitioner, ORDER 13 v. Warden G. Matteson, 1S Respondent. 16 17 Petitioner Jimmie Stephen moves this court to reconsider its order adopting the magistrate 18 | judge’s findings and recommendations and entering judgment in this case. See generally Mot. 19 | Recons., ECF No. 43. Stephen moved for reconsideration eleven days after this court entered 20 | judgment, so Federal Rule of Civil Procedure 59(e) applies. See Fed R. Civ. P. 59(e) (“A motion 21 | to alter or amend a judgment must be filed no later than 28 days after the entry of the judgment.”). 22 | A Rule 59(e) motion “should not be granted, absent highly unusual circumstances, unless the 23 | district court is presented with newly discovered evidence, committed clear error, or if there is an 24 | intervening change in the controlling law.” 389 Orange Street Partners v. Arnold, 179 F.3d 656, 25 | 665 (9th Cir. 1999). 26 Stephen does not present this court with new evidence, argue the court committed clear 27 | error, or point to an intervening change in controlling law; Stephen instead argues the court is 28 | required to stay his case while he exhausts claims he did not raise in his habeas petition. See Mot. 1 | Recons. at 1-2 (citing Rhines v. Weber, 544 U.S. 269 (2005)). Stephen does not explain why he 2 | failed to exhaust these claims, and as the court noted in its previous order Stephen “has not cited 3 | any clearly established federal law that would provide relief based on the proposed new claims.” 4 | Order at 2. The court denies Stephen’s motion for reconsideration. See Rhines, 544 US. at 277 5 | (‘[E]venifa petitioner ha[s] good cause for [failing to exhaust], the district court would abuse its 6 | discretion if it were to grant him a stay when his unexhausted claims are plainly meritless.”’). 7 | This case is closed. 8 IT IS SO ORDERED. 9 | DATED: August 30, 2022. 10 CHIEF ED STATES DISTRICT JUDGE 45