Romero v. Thaler, Director TDCJ-CID

Filing 54

MEMORANDUM OPINION AND ORDER denying 52 MOTION for Reconsideration of 49 Memorandum and Opinion (Signed by Judge George C Hanks, Jr) Parties notified.(agould, 3)

United States District Court
Southern District of Texas

ENTERED
UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF TEXAS
GALVESTON DIVISION
NELSON ROMERO,
Petitioner,
VS.
WILLIAM STEPHENS,
Respondent.

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November 13, 2018
David J. Bradley, Clerk

CIVIL ACTION NO. 3:13-CV-0098

MEMORANDUM OPINION AND ORDER
On April 26, 2018, the Court dismissed Romero’s petition for a writ of habeas
corpus and entered final judgment. On September 18, 2018, Romero filed a motion for
reconsideration (Dkt. 52). Because the motion was filed more than twenty-eight days
after judgment was entered, the Court construes the filing as a motion for relief under
Rule 60(b).

See Demahy v. Schwarz Pharma, Inc., 702 F.3d 177, 182 n.2 (5th Cir.

2012).
Rule 60(b) is an uncommon means for relief, and “final judgments should not be
lightly reopened.” Lowry Dev., L.L.C. v. Groves & Associates Ins., Inc., 690 F.3d 382,
385 (5th Cir. 2012) (internal citation, alteration, and quotation marks omitted). A Rule
60(b) motion may not be used to raise arguments that could have been raised prior to
judgment or to argue new legal theories. Dial One of the Mid-S., Inc. v. BellSouth
Telecommunications, Inc., 401 F.3d 603, 607 (5th Cir. 2005).

Romero presents

arguments regarding his underlying indictments that were or could have been raised

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before entry of judgment and fails to present any argument warranting relief under Rule
60(b).
For the reasons stated above, the Court ORDERS that the petitioner’s motion for
reconsideration (Dkt. 52) is DENIED.
The Clerk will send a copy of this order to the parties.
SIGNED at Galveston, Texas, this 13th day of November, 2018.
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George C. Hanks Jr.
United States District Judge

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