Reyna v. Stephens

Filing 14

ORDER ON MOTION TO CORRECT denying 13 Motion to Correct.(Signed by Magistrate Judge B. Janice Ellington) Parties notified.(mserpa, 2)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF TEXAS
CORPUS CHRISTI DIVISION

SAMUEL RODRIGUEZ REYNA,
Petitioner,
VS.
WILLIAM STEPHENS,
Respondent.

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§ CIVIL ACTION NO. 2:14-CV-54
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ORDER ON MOTION TO CORRECT

Petitioner has filed a document that the Clerk has docketed as a motion to correct
(D.E. 13).
First, Petitioner states that he does not consent to the jurisdiction of a United
States Magistrate Judge. Petitioner is not required to consent and cannot be punished for
withholding consent. 28 U.S.C. § 636. Undersigned United States Magistrate Judge is
assigned by standing special order of the District Court to manage this litigation, and will
not rule on dispositive motions. Consent is not required for this assignment.
Second, Petitioner requests appointment of counsel. His request is denied without
prejudice for the reasons given in the order entered March 11, 2014 (D.E. 12).
Finally, Petitioner asks that the Clerk correct the date of filing his petition to
February 20, 2014, the date he placed the petition into the prison mail system. Petitioner
has correctly stated the law. If limitations or date of filing of the petition becomes an
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issue, the date of handing the petition to prison authorities will be considered as the filing
date pursuant to the mailbox rule. See Spotville v. Cain, 149 F.3d 374, 376 (5th Cir.
1998); Rule 3, Rules Governing Section 2254 Cases.
All relief not granted by this order (D.E. 13) is denied.
ORDERED this 12th day of March, 2014.

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B. JANICE ELLINGTON
UNITED STATES MAGISTRATE JUDGE

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