Guerrero v. Turner et al

Filing 34

ORDER denying 33 Motion for Relief Under Rule 60(b). (Signed by Judge Sim Lake) Parties notified.(gclair, 4)

United States District Court
Southern District of Texas

ENTERED
August 06, 2018

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF TEXA S
HOUSTON DIVISION

David J. Bradley, Clerk

FERNANDO GUERRERO ,

TDCJ #2142911,
Plaintiff,

CIVIL ACTION NO . H-17-0386
MAYOR SYLVESTER TURNER, et al.,
Defendants.

ORDER

On June

2018, the court granted the defendants' unopposed

motion for summary judgment and dismissed the Prisoner's Civil

Rights Complaint filed by state inmate Fernando Guerrero, after
demonstrate

concluding that Guerrero

constitutional

purposes of liability under 42

5 1983 (
Docket Entry No.

On July 19, 2018, the court

denied Guerrero's nMotion to Reopen/Rehearing,' which was construed
'
as governed by Rule 60(
b)

(
Docket Entry No.
and Refiling
entitled
because he

the Federal Rules

Procedure

Guerrero has now filed a uNotice

Error

Complaint' (
' Docket Entry No. 33), arguing that he

relief from the final judgment under Rule 60 (
b)
not know that he was required to respond

defendants' motion

summary judgment.

The court has previously rejected Guerrero's argument that he

had no notice of his obligation to respond to a dispositive motion ,
observing that

was specifically advised

nmotion to dismiss

respond

any

motion for summary judgment within thirty

(
30) days of the date in which the defendants mailed plaintiff his
copy' (
' Docket Entry No.
at

at pp . 2-3) (
quoting Docket Entry No.

Guerrero has not given any indication what

argument he would have m ade

had filed

response

the

defendants' motion for summary judgment and he does not otherwise
show that this case was dismissed
A ccordinglyr

ORDERED that his pending motion for relief

under Rule 60 (
b) (
Docket Entry No.
Clerk
SIGNED at

error.

provide a copy

DENIED .
this Order to the parties .

Hous
ton, Texas, on thi* A th day of

v

2018 .

<

SIM LAKE
UNITED STATES DISTRICT JUDGE