Torres v. Thaler, Director TDCJ-CID

Filing 5

ORDER ADOPTING REPORT AND RECOMMENDATIONS for 3 Report and Recommendations, denying 2 MOTION for Leave to Proceed in forma pauperis filed by Elbis Torres. Petitioner has thirty (30) days to submit a filing fee of $5. Signed by Judge Michael H. Schneider on 1/7/13. (mrm, )

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF TEXAS
TEXARKANA DIVISION
ELBIS TORRES

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VS.

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DIRECTOR, TDCJ-CID

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CIVIL ACTION NO. 5:12-CV-111

MEMORANDUM ORDER ADOPTING THE MAGISTRATE
JUDGE’S REPORT AND RECOMMENDATION
Petitioner, Elbis Torres, an inmate currently confined at the James A. Lynaugh Unit of the
Texas Department of Criminal Justice, Correctional Institutions Division, proceeding pro se,
filed this petition for writ of habeas corpus pursuant to 28 U.S.C. § 2254.
The Court referred this matter to the Honorable Caroline Craven, United States
Magistrate Judge, at Texarkana, Texas, for consideration pursuant to applicable laws and orders
of this Court. The Magistrate Judge recommends petitioner’s application to proceed in forma
pauperis be denied.
The Court has received and considered the Report and Recommendation of United States
Magistrate Judge filed pursuant to such order, along with the record, and pleadings. 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. Petitioner’s application to proceed
in forma pauperis is DENIED. Petitioner has thirty (30) days to submit a filing fee of $5.
Petitioner is admonished that failure to comply with this Court’s order may result in his case

being dismissed for want of prosecution pursuant to Federal Rule of Civil Procedure 41(b).
It is SO ORDERED.
SIGNED this 7th day of January, 2013.

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MICHAEL H. SCHNEIDER
UNITED STATES DISTRICT JUDGE

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