1

2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10

11 MYCHAL REED, Case No. 1:23-cv-01485-KJM-SKO-HC

12 Petitioner, ORDER DENYING MOTION TO CONSTRUE MOTION FOR RELIEF FROM 13 v. JUDGMENT AS A SEPARATE CASE

14 KATHLEEN ALLISON, [Doc. 21]

15 Respondent.

16 17 Petitioner is a state prisoner proceeding pro se with a petition for writ of habeas corpus 18 pursuant to

. 19 On January 29, 2024, this case was closed pursuant to Petitioner’s notice of voluntary 20 dismissal. Petitioner contends that the Court incorrectly construed a motion he filed in this case 21 entitled “Additional Exhibits - Motion for Relief of Judgment” as a motion to supplement his 22 petition. (Doc. 14.) Petitioner contends that the motion should have commenced a new action. 23 Petitioner is incorrect. A motion may not commence a new action. Because Petitioner referenced 24 Case No. 1:23-cv-01485 and Petitioner had no other ongoing case, the motion was properly filed 25 in this case. 26 Petitioner also filed a motion for relief from judgment pursuant to Federal Rules of Civil 27 Procedure Rule 60(b) on January 11, 2024. (Doc. 16.) It appears Petitioner was attempting to 1 Federal Rules of Civil Procedures do not apply to state court proceedings. Soper v. Woolf, 2014

, at *6 (D. Idaho 2014) (“The Federal Rules of Civil Procedure have no application 3 in a state felony criminal case.”) (emphasis in original); see also Ramirez v. Koenig,

4734411, at *3 (C.D. Cal. 2020). A person in custody pursuant to the judgment of a state court 5 seeking to challenge his state court conviction and sentence in federal court must file a petition 6 for a writ of habeas corpus. See

(a);

(c)(3); Williams v. Taylor, 7

,

,

(2000). Thus, to the extent Petitioner 8 wishes to overturn his state conviction and sentence, he may only do so by way of a petition for 9 writ of habeas corpus pursuant to

. 10 Accordingly, Petitioner’s motion to have his motion for relief from judgment unfiled and 11 construed as a new case is hereby DENIED. 12 IT IS SO ORDERED. 13

14 Dated: February 8, 2024 /s/ Sheila K. Oberto . UNITED STATES MAGISTRATE JUDGE 15

16 17 18 19 20 21 22 23 24 25 26 27