Segundo v. Davis, Director TDCJ-CID
Petitioner: Juan Ramon Meza Segundo
Respondent: Brad Livingston
Case Number: 4:2010cv00970
Filed: December 8, 2011
Court: US District Court for the Northern District of Texas
Office: Fort Worth Office
County: Tarrant
Presiding Judge: Terry R Means
Nature of Suit: Prisoner Pet/Habeas Corpus: Death Penalty
Cause of Action: 28 U.S.C. ยง 2254 Petition for Writ of Habeas Corpus (State)
Jury Demanded By: None
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Date Filed Document Text
October 4, 2018 Opinion or Order Filing 104 MEMORANDUM OPINION AND ORDER DENYING MOTION TO VACATE, ALTER OR AMEND JUDGMENT: The motion to vacate, alter or amend judgment pursuant to Rule 59(e) (doc. 100 ) is DENIED. (see order for specifics) (Ordered by Senior Judge Terry R Means on 10/4/2018) (tln)
September 26, 2018 Opinion or Order Filing 98 MEMORANDUM OPINION AND ORDER TRANSFERRING SUCCESSIVE HABEAS PETITION: Segundo's motion for relief under Rule 60(b) (doc. 86 ) is a successive application for habeas relief and is TRANSFERRED to the United States Court of Appeals for the Fifth C ircuit along with the application to stay his execution (doc. 94 ). The Clerk of Court is DIRECTED to open for statistical purposes a new civil action (nature of suit 535 death penalty habeas corpus assigned to the same district judge) and to clos e it on the basis of this order. Considering the record in this case and pursuant to Federal Rule of Appellate Procedure 22(b), Rule 11(a) of the Rules Governing §§ 2254 and 2255 proceedings, and 28 U.S.C. § 2253(c), the Court DENIES a certificate of appealability. (Ordered by Senior Judge Terry R Means on 9/26/2018) (bdb)
December 7, 2015 Opinion or Order Filing 70 MEMORANDUM OPINION AND ORDER ON POST-JUDGMENT MOTIONS: The Court grants the motion to amend incorrect language in the memorandum opinion and order, but denies that portion of the motion requesting additional findings, and denies the additional an d supplemental motions. This correction does not change the outcome in any way. The judgment previously entered in this case to deny relief is otherwise correct. The motion to amend or correct (doc. 55 ) is GRANTED in part and DENIED in part. The language on page 8 of the memorandum opinion and order denying relief (doc. 48 ) stating that "Dr. Hopewell administered the Wechsler Adult Intelligence Scale, Version III ('WAIS III'), and the 'RBANS' test, and testified that Segundo's intelligence quotient ('IQ') result was in the borderline range for intellectual disability but, significantly, that Segundo was not considered intellectually disabled," is AMENDED. It will now read as follows: &quo t;Dr. Hopewell reviewed the Wechsler Adult Intelligence Scale, Version III ('WAIS III'), and the 'RBANS' test administered by Dr. Goodness. Dr. Hopewell testified that Segundo's intelligence quotient ('IQ') result w as in the borderline range for intellectual disability but, significantly, that Segundo was not considered intellectually disabled." The remainder of Segundo's motion is DENIED. The motion for leave to consider newly discovered evidence und er Federal Rules of Civil Procedure 59 and 60(b)(1) (doc. 56 ) is DENIED.The supplemental post-judgment motion for leave to consider newly discovered evidence under Federal Rules of Civil Procedure 59 and 60(b)(1) (doc. 62 ) is DENIED. Because the resolution of these motions does not change the outcome of these proceedings, this Court's judgment denying relief remains intact. (Ordered by Judge Terry R Means on 12/7/2015) (tln)
June 17, 2015 Opinion or Order Filing 47 Memorandum Opinion and Order Denying Reconsideration re: 45 MOTION For 28 U.S.C. 3599(f) Funding; Segundos Motion for Funding for Investigation of Constitutional Claims in light of the Supreme Courts Recent Decision in Hall v. Florida (doc. 45) is DENIED. Segundos request for an interlocutory appeal is DENIED. (Ordered by Judge Terry R Means on 6/17/2015) (mem)
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Petitioner: Juan Ramon Meza Segundo
Represented By: Alexander Lee Calhoun
Represented By: Paul E Mansur
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Respondent: Brad Livingston
Represented By: Thomas M Jones
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