Emmett v. Texas Department Of Criminal Justice

Filing 74

ORDER ADOPTING REPORT AND RECOMMENDATIONS 66 and DENIES re: 65 construed MOTION for Leave to File New Evidence (Signed by Judge Hilda G Tagle) Parties notified.(lrivera, 2)

United States District Court
Southern District of Texas

ENTERED
IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF TEXAS
CORPUS CHRISTI DIVISION
§
§
Plaintiff,
§
VS.
§
§
TEXAS DEPARTMENT OF CRIMINAL §
JUSTICE, et al,
§
§
Defendants.
§

March 31, 2021
Nathan Ochsner, Clerk

BARRY EMMETT II,

CIVIL NO. 2:18-CV-247

ORDER
The Court is in receipt of the Barry Emmett II’s (“Emmett”) Motion for Leave
to File New Evidence, Dkt. No. 65; the Magistrate Judge’s Memorandum and
Recommendation (“M&R”), Dkt. No. 66; Plaintiff’s Objections to the M&R, Dkt. Nos.
67, 68, 69 and 70; and Plaintiff’s letters to the Court, Dkt. Nos. 71, 72 and 73.
After independently reviewing the filings, the record, and applicable law, the
Court ADOPTS the M&R, Dkt. No. 66. The Court therefore DENIES Plaintiff’s
Motion for Leave to File New Evidence, Dkt. No. 65, which is construed as a motion
for relief from final judgment.
SIGNED this 31st day of March 2021.
___________________________________
Hilda Tagle
Senior United States District Judge

1/1