Opinion
CIVIL ACTION NO. 1:08-CV-224.
February 10, 2010
MEMORANDUM OPINION AND ORDER
Petitioner Tyrone Dremain Brown, an inmate confined at the Federal Correctional Complex in Beaumont, Texas, proceeding pro se, brought this petition for writ of habeas corpus pursuant to 28 U.S.C. § 2241.
Discussion
A final judgment was entered dismissing the above-styled petition. Petitioner has filed a motion for reconsideration (docket entry no. 9). This memorandum considers such motion.
Analysis
Rule 60(b), FED. R. CIV. P. provides in pertinent part:
On motion and just terms, the court may relieve a party or its legal representative from a final judgment, order, or proceeding for the following reasons: (1) mistake, inadvertence, surprise, or excusable neglect; (2) newly discovered evidence that, with reasonable diligence, could not have been discovered in time to move for a new trial under Rule 59(b); (3) fraud . . ., misrepresentation, or misconduct by an opposing party; (4) the judgment is void; (5) the judgment has been satisfied, released, or discharged; it is based on an earlier judgment that has been reversed or vacated; or applying it prospectively is no longer equitable; or (6) any other reason that justifies relief.
Petitioner asserts he was neither served with nor received a copy of the report of the magistrate judge entered in this action. A review of the docket, however, reveals that petitioner acknowledged receipt of the magistrate judge's report. The acknowledgment card signed by petitioner was filed as docket entry #5. Accordingly, petitioner's motion contains no meritorious grounds warranting reconsideration.
ORDER
For the reasons set forth above, petitioner's motion for reconsideration should be denied. It is therefore,ORDERED that petitioner's motion for relief from judgment is DENIED.