Ochoa v. Stephens

Filing 45

ORDER granting in part 44 Motion for Extension of Time. Objections under Rule 59(e) must be delivered to prison officials for mailing no later than 11/16/2016. Objections filed after that date will be considered under Rule 60(b). (Signed by Judge Sim Lake) Parties notified.(gclair, 4)

United States District Court
Southern District of Texas

ENTERED
November 09, 2016

IN THE UN ITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF TEXAS
HOUSTON DIVISION

David J. Bradley, Clerk

ESEQUIEL OCHOA ,
TDCJ #1328841,
Petitioner,
CIVIL ACTION NO . H-16-1081

LORIE DAV IS, Director,
Texas Department of Criminal
Justice - Correctional
Institutions Division,
Respondent .

ORDER

On October 19, 2016, the court granted the respondent's motion

for summary judgment and dismissed the federal habeas corpus
petition filed by state inm ate Esequiel Ochoa as barred by the
governing one-year statute

limitations .

Ochoa has now filed

nPetitioner's First Motion for Extension of Time to File Properly

According

Rule of Federal Civil Procedures (
sic) Rule 59( '
e)'

(
Docket Entry No. 44)
dismissal order .

that he can file objections to the

The m otion is granted

part for the reasons

explained briefly below .

A motion under Rule 59( must be filed nno later than 28 days
e)

after the entry of the judgmento'
'

59 (
e).

The

Federal Rules of Civil Procedure expressly prohibit extensions of

time to act under Rule 59 (
e). See FED. R. CI
V.

6( (
b) 2)

court

must not extend the time to act under

Rule 59(
b),

and

( '
e)'). This means that Ochoa, as a Dro 41 litigant, must deliver

his objections to prison authorities for mailing within the 28-day
period applicable to Rule 59(
e).

See, e.
u., Sonnier v. Johnson,

161 F.
3d 941, 943 n.1 (
5th Cir. 1998) (
observing that a Dro 41

prisoner's Rule 59( motion was timely filed when delivered to
e)
prison authorities). Accordingly, the court may grant only a brief

extension of time to file objections under Rule 59( in this case.
e)
is ORDERED that Ochoa 's motion for an extension

(
Docket Entry No. 44)

GQAHTED in part .

time

Ochoa must file any

objections under Rule 59( by delivering them to prison officials
e)
for mailing no later than November

2016.

Objections filed

after that date will be considered under Rule 60( of the Federal
b)
Rules

Civil Procedure .

The Clerk will provide a copy of this Order to the parties.
SICHED at Houston, Texas, on this

9t
:

fA t , 2o .
v.
16
e

SIM LAKE
UNITED STATES DISTRICT JUDGE