Faustino-Anaya v. Andrewjeski

Opinion

1 2

3 4 UNITED STATES DISTRICT COURT EASTERN DISTRICT OF WASHINGTON 5

6 ARNULFO FAUSTINO-ANAYA, NO: 4:23-CV-5157-TOR 7 Petitioner, ORDER DENYING MOTION FOR 8 v. RECONSIDERATION

9 MELISSA ANDREWJESKI,

10 Respondent.

11 BEFORE THE COURT is Petitioner’s Motion for Reconsideration. ECF No. 12 12. This matter was heard without oral argument. The Court has reviewed the record 13 and files herein and is fully informed. 14 A motion for reconsideration of a judgment may be reviewed under either 15 Federal Rule of Civil Procedure 59(e) (motion to alter or amend a judgment) or Rule 16 60(b) (relief from judgment). Sch. Dist. No. 1J v. ACandS, Inc., 5 F.3d 1255, 1262 17 (9th Cir. 1993). “Reconsideration is appropriate if the district court (1) is presented 18 with newly discovered evidence, (2) committed clear error or the initial decision was 19 manifestly unjust, or (3) if there is an intervening change in controlling law.” Id. at 20 1263. Whether to grant a motion for reconsideration is within the sound discretion of the court. Navajo Nation v. Confederated Tribes and Bands of the Yakima Nation, 2|| 331 F.3d 1041, 1046 (9th Cir. 2003). 3 Here, Petitioner has provided a letter sent by the Supreme Court of the State of Washington showing that his claims have not yet been exhausted in state court. 5|| ECF No. 12 at 9-10. 6 It is abundantly clear that Petitioner is not entitled to federal habeas relief at 7|| this time. According to 28 U.S.C. § 2254(b)(1)(A) “An application for a writ of 8|| habeas corpus on behalf of a person in custody pursuant to the judgment of a State court shall not be granted unless it appears that—[ ] the applicant has exhausted the remedies available in the courts of the State”. See also Rose v. Lundy, 455 U.S. 509 11 |} (1982) and Rhines v. Weber, 544 U.S. 269 (2005). Here, Petitioner has not exhausted his state court remedies. ACCORDINGLY, IT IS HEREBY ORDERED: 14 1. Petitioner’s Motion for Reconsideration, ECF No. 12, is DENIED. 15 2. No further motions shall be filed in this CLOSED case. 16 The Clerk of Court shall enter this Order and provide copies to Petitioner. 17 DATED November 30, 2023. s| fomM aD: 19 Capek | THOMASO.RICE To United States District Judge 20