Gazaway v. State of California

Gazaway · United States District Court for the Eastern District of California · June 18, 2025 · No. 2:23-CV-0699-WBS-DMC-P

Summary

The United States District Court for the Eastern District of California denied Jerrald D. Gazaway’s motion to amend the August 30, 2024 final judgment in his 28 U.S.C. § 2254 habeas corpus action. The court concluded that relief under Federal Rules of Civil Procedure 52(b) and 59(e) was unavailable because the motion was filed more than 28 days after entry of judgment, and Rule 59(a) did not apply because no trial occurred.

Holdings

  1. Relief under Rule 52(b) was unavailable because the motion was filed more than 28 days after entry of final judgment.
  2. Rule 59(a) was inapplicable because it governs motions for a new trial and no trial had been held.
  3. The motion could not be granted under Rule 59(e) because it was filed more than 28 days after entry of final judgment.

Questions Presented

  1. Whether the motion could be granted under Federal Rule of Civil Procedure 52(b) when filed more than 28 days after entry of judgment.
  2. Whether Federal Rule of Civil Procedure 59(a) applied when no trial had been held.
  3. Whether the motion could be granted under Federal Rule of Civil Procedure 59(e) when filed more than 28 days after entry of judgment.

Disposition

other

Cases Cited (3)

  • Backlund v. Barnhart, 778 F.2d 1386, 1388 (9th Cir. 1985)(followed)
  • Schroeder v. McDonald, 55 F.3d 454, 458-59 (9th Cir. 1995)(followed)
  • Houston v. Lack, 487 U.S. 266 (1988)(applied)

Cited In (0)

No citing cases on record yet.

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