4:22-cv-03330•Manuel v. Office of Personnel Management
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UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF TEXAS HOUSTON DIVISION Jacqueline R. Manuel, Plaintiff, v. Office of Personnel Management, Defendant. § § § § § § § § § § § Civil Action No. 4:22-cv-03330 MEMORANDUM AND RECOMMENDATION Nearly than two years after final judgment was entered, Dkt. 36 (September 28, 2023), Plaintiff Jacqueline R. Manuel has filed both a motion to “reopen” the case, Dkt. 40 (filed September 2, 2025), and for permission to proceed in forma pauperis, Dkt. 41. Both motions were referred to the undersigned judge. Dkt. 42. And both requests should be denied. This case is over. The Court granted summary judgment against Manuel, rejecting all her claims for lack of jurisdiction, Dkt. 35 (September 27, 2023 Memorandum and Order), and also denied her motion for reconsideration after entering final judgment, see Dkt. 36 (final judgment), Dkt. 39 (October 25, 2023 Order denying Dkt. 37, motion for reconsideration). The proper avenue for Manuel to raise her complaints was by timely appealing those decisions to the Fifth Circuit by November 24, 2023. See Fed. R. App. P. United States District Court Southern District of Texas ENTERED February 06, 2026 Nathan Ochsner, Clerk Case 4:22-cv-03330 Document 43 Filed 02/06/26 in TXSD Page 1 of 3
2 4(a)(1)(A), (a)(4)(A) (deadline for notice of appeal was 30 days after order resolving last post-judgment motion). She simply failed to do so. Moreover, Manuel’s complaints about this Court’s prior ruling do not qualify for relief under Fed. R. Civ. P. 60(b). That rule does not allow parties to relitigate issues merely because they are dissatisfied with how the Court resolved them. See Carter v. Dolce, 741 F.2d 758, 759-60 (5th Cir. 1984) (rejecting use of Rule 60(b) to “relitigate issues finally determined” in an action between the same parties); Cosey v. Lumpkin, 2023 WL 11852785, at *1 (S.D. Tex. Feb. 14, 2023) (“[A] party’s disagreement with the Court’s previous ruling is not a basis for relief under Rule 60(b).”). Manuel’s motion to reopen this long-closed case should be denied. The denial of Manuel’s request to reopen the case would also foreclose her application to proceed in forma pauperis. See Dkt. 41. Because no further litigation is merited, her application should be denied as moot. Recommendation For the foregoing reasons, it is RECOMMENDED that Plaintiff Jacqueline R. Manuel’s motion to reopen the case (Dkt. 40) be DENIED, and her application for leave to proceed in forma pauperis (Dkt. 41) be DENIED AS MOOT. The parties have fourteen days from service of this Report and Recommendation to file written objections. 28 U.S.C. § 636(b)(1); Fed. Case 4:22-cv-03330 Document 43 Filed 02/06/26 in TXSD Page 2 of 3
3 R. Civ. P. 72(b). Failure to file timely objections will preclude appellate review of factual findings and legal conclusions, except for plain error. Ortiz v. City of San Antonio Fire Dep’t, 806 F.3d 822, 825 (5th Cir. 2015). Signed on February 6, 2026, at Houston, Texas. ______________________________ Yvonne Y. Ho United States Magistrate Judge , _____________________________________ Yvooon nn n ne Y. Ho United States Magistrate Judge Case 4:22-cv-03330 Document 43 Filed 02/06/26 in TXSD Page 3 of 3
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