Major v. Washington State Department of Corrections

Opinion

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4 5 UNITED STATES DISTRICT COURT AT TACOMA 7 JON MAJOR, Case No. 3:23-cv-05307-TMC-MLP 8 Petitioner, ORDER DENYING RELIEF FROM 9 JUDGMENT v. 10 CHERYL STRANGE, 11 Respondent. 12 13

15 In December 2023, this Court adopted the Report and Recommendation of United States 16 Magistrate Judge Michelle L. Peterson and dismissed Petitioner Jon Major’s habeas petition 17 without prejudice under the fugitive disentitlement doctrine. Dkt. 54. Mr. Major’s appeal from 18 that order was unsuccessful. Dkt. 70. Mr. Major now asks the Court to grant relief under Federal 19 Rule of Civil Procedure 60(b)(6) to “set aside its December 21, 2023 Order and reopen this case 20 based upon resolution of his fugitive status.” Dkt. 72 at 2. Mr. Major represents that he has been 21 under the care of a mental health services provider and intends to surrender to the Department of 22 Corrections at some point before February 14, 2025. Id. at 3. 23 Federal Rule of Civil Procedure 60(b)(6) is a catch-all provision that allows the court to 24 “relieve a party . . . from a final judgment, order, or proceeding for . . . any other reason that |{Justifies relief’ “A movant seeking relief under Rule 60(b)(6) is required ‘to show extraordinary 2 circumstances justifying the reopening of a final judgment.’” Martinez v. Shinn, 33 F.4th 1254, 3 1262 (9th Cir. 2022) (quoting Gonzalez v. Crosby, 545 U.S. 524, 535 (2005)). Extraordinary 4 circumstances occur when there are “compelling reasons for opening the judgment that 5 ||prevented the movant from raising the basis of the motion during the pendency of the case.” 6 || Martinez, 33 F 4th at 1262 (cleaned up). Rule 60(b)(6) may only be “used sparingly as an 7 equitable remedy to prevent manifest injustice.” Jd. 8 Mr. Major has not met this high standard. Before adopting the Report and g || Recommendation, the Court granted Mr. Major’s request for additional time based on his stated 10 intent to surrender. Dkt. 52. But he did not follow through. Dkt. 53. And the Court dismissed his 11 habeas petition without prejudice, allowing him to potentially refile after his fugitive status was 12 || tesolved. Dkt. 54. Mr. Major’s new expression of his intent to surrender is not an extraordinary 13 circumstance that justifies the reopening of a final judgment. 14 Mr. Major’s motion for relief under Rule 60(b)(6) (Dkt. 71, 72) is DENIED. The Court 15 also DENIES a certificate of appealability. 16 The Clerk is directed to send uncertified copies of this Order to all counsel of record and 17 || to any party appearing pro se at said party’s last known address. 18 Dated this 7th day of November, 2024.

20 Tiffany M7Cartwright United States District Judge 21 22 23 24