Opinion
CIVIL ACTION NO. 9:18-CV-12
09-14-2018
NORMAN CRITTENDON v. DIRECTOR, TDCJ-CID
MEMORANDUM OPINION AND ORDER
Plaintiff, Norman Crittendon, an inmate confined at the Polunsky Unit with the Texas Department of Criminal Justice, Correctional Institutions Division, proceeding pro se, filed a civil rights action pursuant to 42 U.S.C. § 1983.
I. BACKGROUND
On August 17, 2018, the Magistrate Judge assigned to this case entered a Report and Recommendation, recommending this action be dismissed pursuant to 28 U.S.C. § 1915(g). An Order Adopting the Report and Recommendation and Final Judgment were entered on September 12, 2018 without consideration of plaintiff's objections that were entered on September 11, 2018.
II. STANDARD OF REVIEW
Federal Rule of Civil Procedure 59 affords two means by which a district court can grant a new trial. Rule 59(d) permits the court, within ten days of entry of judgment, sua sponte to order a new trial. Rule 59(d) also requires that "[w]hen granting a new trial on its own initiative or for a reason not stated in a motion, the court shall specify the grounds in its order." Id.
III. ANALYSIS
Plaintiff filed Objections to the Report and Recommendation that were not considered by this Court. This court, therefore, will grant a new trial pursuant to Federal Rule of Civil Procedure 59(d).
IV. CONCLUSION
Based on the foregoing, this court GRANTS a NEW TRIAL pursuant to Federal Rule of Civil Procedure 59(d). The CLERK OF COURT is hereby ORDERED to VACATE the MEMORANDUM ORDER and FINAL JUDGMENT entered on September 2, 2018 and restore this case to the active docket.
So ORDERED and SIGNED on this 14th day of September, 2018.
/s/_________
Ron Clark, United Stales District Judge