Rhodes v. Director, TDCJ-CID, No. 3:2019cv01076 - Document 42 (N.D. Tex. 2021)
Court Description: ORDER adopting Report and Recommendations re 39 Findings and Recommendations on Case. Thus, IT IS ORDERED that Petitioner's Rule 60(d) motion for relief from judgment (docs. 37 and 38) is DISMISSED WITHOUT PREJUDICE for lack of jurisdic tion as a second or successive petition. The clerk of Court is hereby DIRECTED to open for statistical purposes a new Section 2254 case (nature of suit 530 directly assigned, per Special Order 3-251, to the undersigned and United States Magistrate Judge David L. Horan) and to close the same based upon the dismissal of the successive habeas petition. (Ordered by Judge Ed Kinkeade on 9/21/2021) (chmb) (Civil case 3:21-cv-2255 opened.) Modified text on 9/22/2021 (jmg).
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Rhodes v. Director, TDCJ-CID Doc. 42 Case 3:19-cv-01076-K-BN Document 42 Filed 09/21/21 Page 1 of 2 PageID 871 IN THE UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF TEXAS DALLAS DIVISION KENNETH RHODES, TDCJ No. 2105263, Petitioner, V. DIRECTOR, TDCJ-CID, Respondent. § § § § § § § § § § No. 3:19-cv-1076-K ORDER ACCEPTING FINDINGS, CONCLUSIONS, AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE The Court, adopting the findings, conclusions, and recommendation of the United States Magistrate Judge, issued judgment dismissing Petitioner’s petition for a writ of habeas corpus with prejudice on June 30, 2021. Doc. 33. On August 4, 2021, Petitioner filed a Rule 60(d) motion for relief from judgment, as well as an accompanying document entitled “Plaintiff Rhodes [sic] Writ 60-D•3/60-D•1 Motion.” Docs. 37, 38. The United States Magistrate Judge liberally construed these filings, collectively, as a motion for relief from judgment pursuant to Federal Rule of Civil Procedure 60(d)(1) and 60(d)(3) and issued findings, conclusions, and a recommendation concerning the motion. Doc. 39. After reviewing all relevant matters of record in this case, including the findings, conclusions, and recommendation of the United States Magistrate Judge and any objections thereto, in accordance with 28 U.S.C. § 636(b)(1), the Dockets.Justia.com Case 3:19-cv-01076-K-BN Document 42 Filed 09/21/21 Page 2 of 2 PageID 872 undersigned District Judge is of the opinion that the findings and conclusions of the Magistrate Judge are correct, and they are accepted as the findings and conclusions of the Court. Thus, IT IS ORDERED that Petitioner’s Rule 60(d) motion for relief from judgment (docs. 37 and 38) is DISMISSED WITHOUT PREJUDICE for lack of jurisdiction as a second or successive petition. The clerk of Court is hereby DIRECTED to open for statistical purposes a new Section 2254 case (nature of suit 530 directly assigned, per Special Order 3-251, to the undersigned and United States Magistrate Judge David L. Horan) and to close the same based upon the dismissal of the successive habeas petition. SO ORDERED. Signed September 21st, 2021. ____________________________________ ED KINKEADE UNITED STATES DISTRICT JUDGE 2
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