Theorine v. Sheriff, Smith County
Theorine v. Sheriff, Smith County
Trial Court Opinion
UNITED STATES DISTRICT COURT EASTERN DISTRICT OF TEXAS No. 6:20-cv-00592 Lars Theorine, Petitioner, V. Sheriff, Smith County, Respondent.
ORDER On November 4, 2020, petitioner Lars Theorine, proceed- ing pro se, filed the above-styled petition for a writ of habeas corpus. Doc. 1. The case was referred to United States Magis- trate Judge John D. Love pursuant to
28 U.S.C. § 636(b). Doc. 2. On November 6, 2020 and again on December 7, 2020, the magistrate judge instructed petitioner to either pay the $5 fil- ing fee or apply to proceed in forma pauperis Docs. 3, 5. Peti- tioner failed to do so. On January 22, 2021, the magistrate judge entered a report recommending that petitioner’s peti- tion be dismissed without prejudice for want of prosecution and failure to obey an order. Doc. 6. No objections were filed. When no party objects to the magistrate judge’s report and recommendation, the court reviews it only for clear error. See Douglass v. United Servs. Auto. Ass’n,
79 F.3d 1415, 1420(Sth Cir. 1996). Having reviewed the magistrate judge’s report, and being satisfied that it contains no clear error, the court ac- cepts its findings and recommendation. The petition is dis- missed without prejudice for failure to prosecute and for fail- ure to comply with a court order.
So ordered by the court on March 4, 2021. faackn BARKER United States District Judge
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Reference
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