Williams v. Jones

Filing 4

MEMORANDUM ORDER ADOPTING REPORT AND RECOMMENDATION. It is ordered that the 2 Motion for Leave to Proceed in forma pauperis filed by James Lee Williams II is denied. It is further ordered that petitioner shall, within 30 days from the date of this order, pay the $5.00 filing fee for this action. Signed by District Judge Thad Heartfield on 2/15/18. (mrp, )

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IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF TEXAS BEAUMONT DIVISION JAMES LEE WILLIAMS, II § VS. § DALLAS B. JONES § CIVIL ACTION NO. 1:18cv17 MEMORANDUM ORDER ADOPTING THE MAGISTRATE JUDGE’S REPORT AND RECOMMENDATION Petitioner James Lee Williams, II, an inmate at the Federal Correctional Complex located in Beaumont, Texas, proceeding pro se, brought this petition for writ of habeas corpus pursuant to 28 U.S.C. § 2241. The court heretofore referred this matter to the Honorable Keith F. Giblin, United States Magistrate Judge, at Beaumont, Texas, for consideration pursuant to applicable laws and orders of this court. The magistrate judge recommends petitioner’s motion to proceed in forma pauperis be denied and petitioner be ordered to pay the $5.00 filing fee. The court has received and considered the Report and Recommendation of United States Magistrate Judge filed pursuant to such referral, along with the record, pleadings and all available evidence. No objections to the Report and Recommendation of United States Magistrate Judge were filed by the parties. ORDER Accordingly, the findings of fact and conclusions of law of the magistrate judge are correct and the report of the magistrate judge is ADOPTED. It is therefore, ORDERED that petitioner’s motion to proceed in forma pauperis is DENIED. It is further ORDERED that petitioner shall, within thirty (30) days from the date of this order, pay the $5.00 filing fee for this action. Petitioner’s failure to pay the filing fee as ordered may result in the dismissal of this petition for want of prosecution pursuant to FED. R. CIV. P. 41(b). SIGNED this the 15 day of February, 2018. ____________________________ Thad Heartfield United States District Judge 2

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