Wilkerson v. Thaler

Filing 59

Order Accepting Findings and Recommendations of the United States Magistrate Judge re: For the reasons stated in the Findings, Conclusions, and Recommendation, petitioner's Motion for Relief From Judgment, received on 7/5/2013 51 , and F acts, Findings, Conclusions and Recommendation of Senrick Wilkerson, received on 7/9/2013 52 are construed as Rule 60(b) motions and are both DENIED. Because the Court denies petitioner's motion for relief from judgment, his Demand for Release from custody 56 is also denied. (Ordered by Judge Barbara M.G. Lynn on 8/22/2013) (ndt)

IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF TEXAS
DALLAS DIVISION
SENRICK SHERN WILKERSON,
ID # 10093432,
Petitioner,
vs.
RICK THALER, Director,
Texas Department of Criminal Justice,
Correctional Institutions Division,
Respondent.

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No. 3:13-CV-1694-M-BH

ORDER ACCEPTING FINDINGS AND RECOMMENDATION
OF THE UNITED STATES MAGISTRATE JUDGE
After reviewing the Findings, Conclusions, and Recommendation of the United States
Magistrate Judge for plain error, I am of the opinion that the Findings and Conclusions of the
Magistrate Judge are correct and they are accepted as the Findings and Conclusions of the Court.
For the reasons stated in the Findings, Conclusions, and Recommendation, petitioner’s
Motion for Relief From Judgment, received on July 5, 2013 (doc. 51), and Facts, Findings,
Conclusions and Recommendation of Senrick Wilkerson, received on July 9, 2013 (doc. 52) are
construed as Rule 60(b) motions and are both DENIED. Because the Court denies petitioner’s
motion for relief from judgment, his Demand for Release from custody (doc. 56) is also denied.
SO ORDERED this 22nd day of August, 2013.

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BARBARA M. G. LYNN
UNITED STATES DISTRICT JUDGE
NORTHERN DISTRICT OF TEXAS