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United States v. Grant

UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF TEXAS HOUSTON DIVISION
Apr 21, 2020
CRIM. ACTION NO. H-09-424 (S.D. Tex. Apr. 21, 2020)

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


Summaries of

United States v. Grant

UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF TEXAS HOUSTON DIVISION
Apr 21, 2020
CRIM. ACTION NO. H-09-424 (S.D. Tex. Apr. 21, 2020)
Case details for

United States v. Grant

Case Details

Full title:UNITED STATES OF AMERICA v. HOWARD GRANT

Court:UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF TEXAS HOUSTON DIVISION

Date published: Apr 21, 2020

Citations

CRIM. ACTION NO. H-09-424 (S.D. Tex. Apr. 21, 2020)