Romero v. Thaler, Director TDCJ-CID

Filing 58

MEMORANDUM OPINION AND ORDER denying 57 MOTION (Signed by Judge George C Hanks, Jr) Parties notified.(agould, 3)

United States District Court
Southern District of Texas

ENTERED
IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF TEXAS
GALVESTON DIVISION
NELSON ROMERO,
TDCJ # 01127658,
Petitioner,
v.
LORIE DAVIS, Director, Texas
Department of Criminal Justice,
Correctional Institutions Division,
Respondent.

July 02, 2019
David J. Bradley, Clerk

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§ CIVIL ACTION NO. 3:13-0098
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MEMORANDUM OPINION AND ORDER
This Court dismissed Romero’s petition for a writ of habeas corpus and entered
final judgment (Dkt. 49, Dkt. 50) on April 26, 2018, and denied Romero’s previous
motion for reconsideration (Dkt. 54).
Romero now has filed a motion for review (Dkt. 57) seeking reconsideration of the
judgment. 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

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theories. Dial One of the Mid-S., Inc. v. BellSouth Telecommunications, Inc., 401 F.3d
603, 607 (5th Cir. 2005).
Romero’s motion for review raises the same issues regarding sufficiency of the
evidence that he raised prior to entry of judgment and presents no valid ground for relief
under Rule 60(b). Therefore, his motion for review (Dkt. 57) is DENIED.
The Clerk will send a copy of this order to the parties.
SIGNED at Galveston, Texas, this 2nd day of July, 2019.
___________________________________
George C. Hanks Jr.
United States District Judge

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