Simmons #063313 v. Brewer
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|Date Filed||#||Document Text|
|January 8, 2018
ORDER - The judgment from which relief is sought was entered over four years ago. The Magistrate Judge concluded that it was untimely under both Rule 60(b)(1) and 60(b)(6), Fed. R. Civ. P. Plaintiff fails to demonstrate how his motion could be cons trued as timely under the relevant Rule 60 standards. Accordingly, we accept the Recommendation of the Magistrate Judge. (Doc. 45 ). It is therefore ORDERED DENYING Petitioner's Motion for Relief from Judgment. (Doc. 41 ). Signed by Senior Judge Frederick J Martone on 1/8/18. (LAD)
|October 9, 2013
ORDER ACCEPTING 33 Report and Recommendation of the United States Magistrate Judge. IT IS ORDERED DENYING AND DISMISSING with prejudice the second amended petition for writ of habeas corpus (Doc. 10 ). IT IS FURTHER ORDERED DENYING petitioner 39;s motion to stay or alternatively dismiss without prejudice (Doc. 34 ). IT IS FURTHER ORDERED DENYING a certificate of appealability and leave to proceed in forma pauperis on appeal because dismissal of the habeas petition is required by the expiration of the statute of limitations and jurists of reason would not find the ruling debatable. Signed by Senior Judge Frederick J Martone on 10/9/13. (LSP)
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