Romero v. Thaler, Director TDCJ-CID

Filing 67

MEMORANDUM OPINION AND ORDER denying 61 Motion; denying 62 Motion; denying 64 Motion for Leave to Appeal in forma pauperis; granting 65 Motion; denying 66 Motion for Extension of Time. For the reasons previously stated (Dkt.49), a certificate of appealability is DENIED.(Signed by Judge George C Hanks, Jr) Parties notified.(ltrevino, 3)

United States District Court
Southern District of Texas

ENTERED
September 13, 2019

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF TEXAS
GALVESTON DIVISION
NELSON ROMERO,
TDCJ # 01127658,
Petitioner,
VS.
WILLIAM STEPHENS,
Respondent.

David J. Bradley, Clerk

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§ CIVIL ACTION NO. 3:13-CV-98
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MEMORANDUM OPINION AND ORDER
On April 26, 2018, this Court dismissed Romero’s petition for a writ of habeas
corpus and entered final judgment (Dkt. 49, Dkt. 50). Romero then filed two motions for
reconsideration, which the Court denied (Dkt. 54, Dkt. 58).

On August 19, 2019,

Romero filed a notice of appeal (Dkt. 59). The Court now ORDERS as follows:
1.

Romero has filed a motion for documents, invoking 28 U.S.C. § 2250.

Because Romero does not identify any specific document relevant to his motion and has
not otherwise demonstrated a basis for the relief he seeks, his motion for documents (Dkt.
61) is DENIED.
2.

Romero has filed a motion for Rule 60(b) relief.

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
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603, 607 (5th Cir. 2005). Because Romero presents no valid ground for relief, his motion
for Rule 60(b) relief (Dkt. 62) is DENIED.
3.

Romero’s motion for leave to appeal in forma pauperis is incomplete

because Romero has not included a certified copy of his inmate trust fund account
statement. The motion to proceed in forma pauperis on appeal (Dkt. 64) therefore is
DENIED at this time without prejudice to reconsideration if Romero files an amended,
properly supported motion within thirty days from the date of this order.
4.

Romero’s motion for a DKT-13 form (Dkt. 65) is GRANTED. The Court

INSTRUCTS the Clerk to mail a DKT-13 form to Romero.
5.

Romero’s motion for extension of time to file his appeal (Dkt. 66) is

DENIED because the Court lacks authority to extend Fifth Circuit deadlines.
6.

For the reasons previously stated (Dkt. 49), a certificate of appealability is

DENIED.
The Clerk will send a copy of this order to the parties.
SIGNED this day 13th day of September, 2019.
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George C. Hanks Jr.
United States District Judge

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