Williams v. Taylor

Filing 17

ORDER denying 16 MOTION for Reconsideration of 10 Memorandum and Opinion. (Signed by Judge Sim Lake) Parties notified.(gclair, 4)

United States District Court
Southern District of Texas

ENTERED
April 26, 2018

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF TEXAS
HOUSTON DIVISION

David J. Bradley, Clerk

BOBBY RAY WILLIAMS,

TDCJ #1802766,
Plaintiff,

CIV IL ACTION NO . H-17-3517

SHIRLEY F . TAYLOR ,
Defendant .

state inmate Bobby Ray Williams
Prisoner's

Rights

(
ncomplaint'
')

(
Docket

correctional officer

Complaint

(
TDCJ #1802766) filed

under

Entry

42

alleging

that

female

(
Shirley F. Taylor) violated the Eighth

Amendment when she patted him on the ubackside' on two occasions
'
during a search for contraband and then laughed when he complained.
On February 23, 2018, the court dismissed the Complaint as legally
frivolous.

Thereafter ,

March

2018, the court denied his

'Motion of Relief from Judgment or Order (
'
andj Motion to Alter
Amend a Judgment,' which was construed to arise under Rule 59( of
'
e)
Federal Rules

Civil Procedure

(
Docket Entry

Williams has now filed a uMotion for Reconsideration' (
' Docket Entry
16), challenging

dismissal of his

The Motion for Reconsideration

governed by Rule 60( of
b)

the Federal Rules of Civil Procedure. Under Rule 60( a district
b)

court nmay relieve a party

from a final judgment, order,

proceeding for the following reasons:
mistake,
neglect;

inadvertence,

surprise,

or

excusable

newly discovered evidence that , with reasonable
diligence , could not have been discovered in time
move for a new trial under Rule 59(
b);

fraud (
whether previously called intrinsic
misconduct by an
extrinsic), misrepresentation,
opposing party ;

the judgment is void;
the judgment has been satisfied, released
discharged .

.; or

any other reason
Fed. R.

60(
b) (
2017).

justifies relief.'
'
Williams does

invoke any

particular provision found in Rule 60(
b), and none of his arguments
demonstrate that this case was dism issed improperly .

For reasons articulated previously in this case, it is ORDERED

the Motion for Reconsideration under Rule 6O( filed by Bobby
b)
Ray Williams (
Docket Entry No.

is DENIED .

The czerk will provide a copy of this order to the parties .

szo
xso at Houston, Texas, on thss
glgth day of zpe; 2oz8.
l,

K S IM LA KE
UNITED STATES DISTRICT JUDGE