Villasana v. Rivera et al

1 / 3
UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF TEXAS
CORPUS CHRISTI DIVISION
AUDENCIO G. VILLASANA, III,
Plaintiff,
VS.
§
§
§
§
§
§
§
§
§
CIVIL ACTION NO. 2:24-CV-00146
OSCAR RIVERA, et al.,
Defendants.
ORDER ADOPTING MEMORANDUM AND RECOMMENDATION
Pending before the Court is Plaintiff’s “Motion for Summary Judgment” (D.E. 77),
construed as a motion for relief from judgment under Rule 60(b)(1). On March 3, 2026,
United States Magistrate Judge Mitchel Neurock issued a Memorandum and
Recommendation (M&R, D.E. 80), recommending that Plaintiff’s motion be denied.
Plaintiff filed a document that is docketed as objections (D.E. 85) on March 16, 2026. He
also filed another document on April 18, 2026, that is docketed as a motion for
miscellaneous relief (D.E. 88).
The “objections” document recites that Plaintiff has been suffering hardships that
led to the dismissal of his case. D.E. 85, p. 1. But he does not explain what those hardships
were and he does not ask for any particular relief. He goes on to recount his transfers among
housing units and the searches he has endured, along with the loss of unspecified legal
materials and the alleged “planting” of contraband among his possessions, with accusations
against certain prison employees.
United States District Court
Southern District of Texas
ENTERED
April 15, 2026
Nathan Ochsner, Clerk
Case 2:24-cv-00146 Document 89 Filed 04/15/26 in TXSD Page 1 of 3

2 / 3
Nothing in the document (D.E. 85) explains any error in the M&R. Instead, it repeats
the conduct that led to the analysis in the M&R: that Plaintiff makes general complaints
about the process without evidence to support any specific requests for relief for excusable
neglect or otherwise. The Court OVERRULES any objection in the document (D.E. 85)
as none is apparent.
In the motion (D.E. 88), Plaintiff recites that he did not receive notices on this case
from the Clerk of Court in a timely manner. While he claims he has not had time to respond
to Court matters, his current documents do not contain any additional response or briefing
that he would like to have considered. While he complains of a lack of access to a law
library, he does not explain why his computer tablet, which provides such access, was
confiscated from him. Neither does he explain what he wanted to research or what
additional legal arguments he wanted to support with that legal research.
Plaintiff also complains that he has been denied the address for Defendants’
attorneys so that he can give them notice of his change of address. Yet he does not explain
what he did not receive from them due to his housing transfers or how it affected his
prosecution of this case. And while he complains that his unit has not provided him with
his legal mail, he admits that some was brought to him to look at during his property
restriction but that he did not look at it because they would not allow him to keep it. This
document, for the first time, is signed under penalty of perjury. But it does not contain
sufficient information to support an objection to the M&R. Consequently, the Court
OVERRULES any objection as unintelligible and DENIES the “motion” (D.E. 88).
Case 2:24-cv-00146 Document 89 Filed 04/15/26 in TXSD Page 2 of 3

3 / 3
Having reviewed the findings of fact, conclusions of law, and recommendations set
forth in the Magistrate Judge’s Memorandum and Recommendation, as well as Plaintiff’s
“objections” and “motion,” and all other relevant documents in the record, and having
made a de novo disposition of the portions of the Magistrate Judge’s Memorandum and
Recommendation to which objections were specifically directed, the Court OVERRULES
Plaintiff’s objections, DENIES Plaintiff’s motion, and ADOPTS as its own the findings
and conclusions of the Magistrate Judge. Plaintiff’s motion for summary judgment (D.E.
77), construed as a motion for relief from judgment under Rule 60(b)(1) is DENIED.
ORDERED on April 15, 2026.
_______________________________
NELVA GONZALES RAMOS
UNITED STATES DISTRICT JUDGE
Case 2:24-cv-00146 Document 89 Filed 04/15/26 in TXSD Page 3 of 3