Opinion
CRIM. ACTION NO. H-09-424
04-21-2020
UNITED STATES OF AMERICA v. HOWARD GRANT
MEMORANDUM AND ORDER
This criminal case is before the Court on Defendant Howard Grant's "Motion for Reconsideration Under FRCP 59(e)" ("Motion") [Doc. # 1184]. In the Motion, Grant seeks reconsideration of the Court's March 25, 2020, Memorandum and Order [Doc. # 1183]. In the Memorandum and Order, the Court rejected Grant's assertion that his criminal conviction was void and should be vacated pursuant to Rule 60(b)(4) of the Federal Rules of Civil Procedure because his business entity, Howard Grant M.D., PA, was not properly served with the summons and complaint as required by Federal Rule of Civil Procedure 4(h).
Grant's business entity was not a defendant in the criminal prosecution, and the service requirements of Rule 4 of the Federal Rules of Civil Procedure do not apply to the criminal prosecution of an individual. See FED. R. CIV. P. 1. As a result, the Court correctly held that the failure to complete Rule 4 service on Grant's business entity does not provide a legal basis to vacate his conviction as void. Accordingly, it is hereby
ORDERED that the Motion for Reconsideration Under FRCP 59(e) [Doc. # 1184] is DENIED. To the extent a Certificate of Appealability is required for an appeal from the denial of a Rule 59(e) motion seeking reconsideration of a Rule 60(b)(4) motion, it is denied.
SIGNED at Houston, Texas, this 21st day of April, 2020.
/s/_________
NANCY F. ATLAS
SENIOR UNITED STATES DISTRICT JUDGE