Whaley v. Court of Criminal Appeals of Texas et al

Filing 40

Order Accepting 39 Findings and Recommendations on Motion re: 38 Motion for Miscellaneous Relief filed by Michael Dewayne Whaley. The post-judgment motion (doc. 38) is construed as a motion under Rule 60(b) of the Federal Rules of Civil Procedure, and the Clerk of Court is DIRECTED to terminate the motion in No. 3:16-CV-3281-C and docket it in No. 3:18-CV-144-C. The Rule 60(b) motion is DENIED. (Ordered by Senior Judge Sam R Cummings on 4/10/2018) (epm)

IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF TEXAS
DALLAS DIVISION
MICHAEL DEWAYNE WHALEY,
ID # 645333,
Plaintiff,
vs.

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COURT OF CRIMINAL APPEALS, et al.,
Defendants.

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No. 3:16-CV-3281-C
No. 3:18-CV-144-C

ORDER ACCEPTING FINDINGS AND RECOMMENDATION
OF THE UNITED STATES MAGISTRATE JUDGE

After reviewing all relevant matters of record in this case, including the Findings, Conclusions, and Recommendation of the United States Magistrate Judge and any objections thereto, in
accordance with 28 U.S.C. § 636(b)(1), the Court is 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 of the United
States Magistrate Judge, the post-judgment motion (doc. 38) is construed as a motion under Rule
60(b) of the Federal Rules of Civil Procedure, and the Clerk of Court is DIRECTED to terminate
the motion in No. 3:16-CV-3281-C and docket it in No. 3:18-CV-144-C. The Rule 60(b) motion
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is DENIED.
SIGNED this

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day of

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