Royal v. Gregg County

District Court, E.D. Texas

Royal v. Gregg County

Trial Court Opinion

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF TEXAS No. 6:23-cv-00622 Devin Benard Royal, Petitioner, V. Gregg County et al., Respondents.

ORDER On December 15, 2023, petitioner Devin Benard Royal, proceed- ing pro se, filed the above-styled and numbered petition for a writ of habeas corpus. The case was referred to United States Magistrate Judge K. Nicole Mitchell pursuant to

28 U.S.C. § 636

(b). Doc. 2. On December 26, 2023, the magistrate judge instructed peti- tioner to file his claims on a standardized

28 U.S.C. § 2241

habeas corpus form within thirty days of receipt of the order. Doc. 3. Peti- tioner did not respond. On February 14, 2024, the magistrate judge entered a report, rec- ommending that petitioner’s case be dismissed without prejudice for want of prosecution and failure to obey an order. Doc. 5. The report noted that petitioner had failed to comply with the December 26, 2023 order. No objections 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 it contains no clear error, the court accepts the findings and conclusions of the report. Accordingly, the petition is dismissed without prejudice for failure to prosecute and for failure to comply with a court order.

So ordered by the court on April 4, 2024.

j! CAMPBELL BARKER United States District Judge

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