Rios v. Bennett et al

Filing 15

ORDER denying 11 Motion for Reconsideration ; denying 12 Motion for Reconsideration ; denying 13 Motion for status of pending motions. Signed by Senior Judge Graham Mullen on 3/25/09. (pdf)

IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF NORTH CAROLINA ASHEVILLE DIVISION 1:08CV94-1-MU

JIMMY D. RIOS,

) ) Petitioner, ) ) v. ) ) RICK R. JACKSON, ) ) Respondent. ) __________________________________________)

ORDER

THIS MATTER comes before the Court upon Petitioner's Motion for Reconsideration (Doc. No. 11), filed June 3, 2008; Petitioner's Motion for Reconsideration (Doc. No. 12), filed July 9, 2008; and Petitioner's Motion for Status of Pending Motion (Doc. No. 13), filed August 20, 2008. On March 18, 2008, Petitioner filed a federal habeas petition with this Court. On May 19, 2008, this Court dismissed Petitioner's federal habeas petition. Petitioner has filed a motion1 asking the Court to reconsider its ruling. Respondent has filed a response to Petitioner's Motion to Reconsider. For the reasons set forth in this Court's May, 19, 2008, Order and for the reasons set forth in Respondent's response to Petitioner's Motion for Reconsideration, this Court denies Petitioner's Motion for Reconsideration.

Although document number twelve was docketed as a separate motion to reconsider, it appears to be a letter inquiring as to the status of his June 3, 2008, Motion for Reconsideration.

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THEREFORE, IT IS HEREBY ORDERED that: 1. Petitioner's Motion for Reconsideration (Doc. No. 11) is DENIED; 2. Petitioner's Motion for Reconsideration (Doc. No. 12) is DENIED; and 3. Petitioner's Motion for Status of Pending Motion (Doc. No. 13) is DENIED as moot.

Signed: March 25, 2009

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