Reese v. Davis-Director TDCJ-CID

Filing 41

MEMORANDUM OPINION AND ORDER denying 38 MOTION Leave of Court to Correct Cause, 39 MOTION Rule 60 Motion (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
RODERICK L REESE,
TDCJ # 01027930,
Petitioner,
VS.
LORIE DAVIS,
Respondent.

May 02, 2019
David J. Bradley, Clerk

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§ CIVIL ACTION NO. 3:17-CV-389
§ APPEAL NO. 18-41185
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MEMORANDUM OPINION AND ORDER
In this habeas corpus action, the Court granted summary judgment for Respondent
and entered final judgment (Dkt. 31, Dkt. 32) on September 25, 2018. Petitioner filed a
notice of appeal, which the appellate court dismissed as untimely on January 30, 2019
(Dkt. 37).
Petitioner now has filed a motion seeking to correct the district court cause
number on his notice of appeal. The appellate court’s order correctly refers to Civil
Action No. 3:17-0389. Because Petitioner has not demonstrated a basis for the relief he
seeks, his motion to correct a cause number (Dkt. 38) is DENIED.
Petitioner also has filed a motion for relief from judgment under Federal Rule of
Civil Procedure 60. See Lowry Dev., L.L.C. v. Groves & Associates Ins., Inc., 690 F.3d
382, 385 (5th Cir. 2012); Hesling v. CSX Transp., Inc., 396 F.3d 632, 642 (5th Cir. 2005)
(internal citations and quotation marks omitted). Petitioner’s arguments in the motion
regarding clerical errors in his filings are irrelevant to, and provide no basis for relief

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from, this Court’s order granting summary judgment for Respondent.

Therefore,

Petitioner’s motion under Rule 60 (Dkt. 39) is DENIED.
The Clerk of this Court is instructed to send a copy of this order to the parties.
SIGNED at Galveston, Texas, this 2nd day of May, 2019.
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George C. Hanks Jr.
United States District Judge

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