Terry v. Director, TDCJ-CID

Filing 9

ORDER ADOPTING 6 Report and Recommendations, and consolidating this case with 6:08cv182 for all purposes. Any pleadings or documents received in either case shall be docketed in cause 6:08cv182 (as Lead Case); no further entries, after this order o f consolidation, shall be made on the docket of cause 6:08cv336. Inasmuch as cause 6:08cv336 is wholly subsumed within cause 6:08cv182, a separate filing fee shall not be charged for cause 6:08cv336. This order of consolidation shall not affect the substantive rights of any party to this case. Signed by Judge Leonard Davis on 10/28/08. cc:petr 10-29-08 (mll, )

IN THE UNITED STATES DISTRICT COURT F O R THE EASTERN DISTRICT OF TEXAS T Y L E R DIVISION R IC K Y THOMAS TERRY v. DIRECTOR, TDCJ-CID a nd RICKY THOMAS TERRY v. DIRECTOR, TDCJ-CID § § § CIVIL ACTION NO. 6:08cv336 § § § CIVIL ACTION NO. 6:08cv182

M E M O R A N D U M ADOPTING REPORT AND RECOMMENDATION O F THE UNITED STATES MAGISTRATE JUDGE A N D ORDER OF CONSOLIDATION T he Petitioner Ricky Thomas Terry, proceeding pro se, filed these two habeas corpus a pplica tions under 28 U.S.C. §2254 complaining of the legality of his conviction. Both petitions cha lleng e the same conviction and raise the same grounds for relief. This Court ordered that the cases be referred to the United States Magistrate Judge pursuant to 28 U.S.C. §636(b)(1) and (3) and the A m end ed Order for the Adoption of Local Rules for the Assignment of Duties to United States M a gistra te Judges. On September 9, 2008, the Magistrate Judge issued a Report recommending that the two petitions be consolidated into a single action, styled Ricky Thomas Terry, cause no. 6:08cv182. The M a gistra te Judge further recommended that Terry only be charged one filing fee for this consolidated petiti on . A copy of this Report was sent to Terry at his last known address, return receipt requ ested, but no objections have been received; accordingly, he is barred from de novo review by the

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district judge of those findings, conclusions, and recommendations and, except upon grounds of plain error, from appellate review of the unobjected-to factual findings and legal conclusions accepted and a dopted by the district court. Douglass v. United Services Automobile Association, 79 F.3d 1415, 1430 ( 5 th Cir. 1996) (en banc). The Court has reviewed the pleadings in this cause and the Report of the Magistrate J u dge and has determined that this Report is correct. It is accordingly ORDERED that the Report of the Magistrate Judge is ADOPTED as the opinion of the D istr ict Court. It is further ORDERED that the above-styled civil actions be and hereby are CONSOLIDATED for all purposes into one application for the writ of habeas corpus, styled as Terry v. Director, TDCJC ID , civil action no. 6:08cv182. See Rule 42(a), Fed. R. Civ. P. Any pleadings or documents received in either case shall be docketed in cause no. 6:08cv182; no further entries, after this order of co nso lid a t io n, shall be made on the docket of cause no. 6:08cv336. It is further ORDERED that, inasmuch as cause no. 6:08cv336 is wholly subsumed within cause n o . 6:08cv182, a separate filing fee shall not be charged for cause no. 6:08cv336. This order of con solida tion shall not affect the substantive rights of any party to this case.

So ORDERED and SIGNED this 28th day of October, 2008.

__________________________________ LEONARD DAVIS UNITED STATES DISTRICT JUDGE

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