Rosilez v. Director, TDCJ-CID
Rosilez v. Director, TDCJ-CID
Trial Court Opinion
UNITED STATES DISTRICT COURT EASTERN DISTRICT OF TEXAS No. 6:22-cv-00316 Dylan Rosilez, Plaintiff, V. Director, TDCJ-CID, Defendants.
ORDER Petitioner Dylan Rosilez, an inmate proceeding pro se, filed an initial pleading styled as a petition under
28 U.S.C. § 2254. The case was referred to United States Magistrate Judge John D. Love. On August 15, 2022, the court severed the petitioner’s challenge to his criminal conviction in Fort Bend County, Texas, and trans- ferred that claim to the United States District Court for the Southern District of Texas for proper venue. Doc. 3. On August 29, 2022, the court ordered the petitioner to clarify the nature of his remaining claims arising from his confinement the Michael Unit of the Texas Department of Criminal Justice by filing an amended pleading pur- suant to either
28 U.S.C. § 2241or
42 U.S.C. § 1983and either pay- ing the appropriate filing fee or submitting a properly supported ap- plication to proceed 7 forma pauperis. Doc. 6. The court received a $5 fee from the petitioner on September 7, 2022, but he did not com- ply with the order to file an amended pleading. On November 30, 2022, the magistrate judge issued a report rec- ommending that this case be dismissed for failure to prosecute and to comply with the court’s order to file an amended complaint. Doc. 8. A copy of the report was mailed to the petitioner, who received it on December 7, 2022. Doc. 10. Petitioner did not file written objec- tions and has taken no further action since that time to prosecute this case.
When no party objects to the magistrate judge’s report and rec- ommendation, the court reviews it only for clear error. See Douglass vy. United Servs. Auto. Ass’n,
79 F.3d 1415, 1420(Sth Cir. 1996). Hav- ing reviewed the magistrate judge’s report and being satisfied that it contains no clear error, the court accepts its findings and recommen- dation. This case is dismissed. So ordered by the court on March 21, 2023.
yj? CAMPBELL BARKER United States District Judge
_2-
Reference
- Status
- Unknown