Durst v. Smith County

District Court, E.D. Texas

Durst v. Smith County

Trial Court Opinion

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF TEXAS No. 6:23-cv-00283 Jacob Durst, Petitioner, v. Smith County, Respondent.

ORDER On June 5, 2023, petitioner Jacob Durst, proceeding pro se, filed this federal petition for writ of habeas corpus (Doc. 1) pursuant to

28 U.S.C. § 2254

. The case was referred to United States Magistrate Judge K. Nicole Mitchell pursuant to

28 U.S.C. § 636

(b). Doc. 3. On June 8, 2023, the magistrate judge instructed petitioner to amend his petition to clarify his claims. Doc. 4. Petitioner did not file an amended petition. On September 29, 2023, the magistrate judge entered a report recommending that petitioner’s case be dismissed without prejudice for want of prosecution and failure to obey an order. Doc. 6. No ob- jections have been filed. 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

(5th Cir. 1996) (en banc). Having reviewed the magistrate judge’s report and being sat- isfied that the report contains no clear error, the court accepts the findings and conclusions of the report. Accordingly, the complaint is dismissed without prejudice for failure to prosecute and for failure to comply with a court order. So ordered by the court on November 17, 2023. _fLebok BARKER United States District Judge

Reference

Status
Unknown