Vasquez v. Quarterman

Filing 52

ORDER ADOPTING MEMORANDUM AND RECOMMENDATIONS re: 49 Memorandum and Recommendation, denying 48 MOTION to Reopen the Habeas Corpus Judgment entered 12/21/04.( Signed by Judge Janis Graham Jack ) Parties notified.(lcayce, )

Vasquez v. Quarterman

Doc. 52

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF TEXAS CORPUS CHRISTI DIVISION

ALFREDO VASQUEZ, Petitioner, VS. NATHANIEL QUARTERMAN, Respondent.

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CIVIL ACTION NO. C-04-277

ORDER ADOPTING MEMORANDUM AND RECOMMENDATION TO DENY PETITIONER'S MOTION TO RE-OPEN HIS HABEAS PETITION On April 2, 2008, United States Magistrate Judge Brian L. Owsley signed a Memorandum and Recommendation recommending that petitioner's motion for relief from judgment pursuant to Rule 60(b)(6) (D.E. 48) be denied without prejudice. On April 16, 2008, petitioner filed Objections to the Magistrate's Recommendations. Having reviewed the findings of fact and conclusions of law therein, as well as the pleadings on file and petitioner's objections, and having made a de novo disposition of those portions of the Magistrate Judge's recommended disposition to which objections were raised, see Koetting v. Thompson, 995 F.2d 37 (5th Cir. 1993), 28 U.S.C. § 636(b)(1)(C); Fed.R.Civ.P.72(b), the Court hereby adopts as its own the findings and conclusions of the Magistrate Judge. Accordingly, it is ORDERED that petitioner's motion for relief from judgment pursuant to Rule 60(b)(6) is denied without prejudice.

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The clerk shall enter this order and provide a copy to all parties. SIGNED and ORDERED this 16th day of April, 2008.

___________________________________ Janis Graham Jack United States District Judge

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