Thursby v. Thaler, Director TDCJ-CID

Filing 27

ORDER ADOPTING 22 Report and Recommendations. The petition for a writ of habeas corpus is DISMISSED without prejudice for failure to obey an order and for failure to prosecute. All motions not previously ruled on are DENIED. Signed by Judge Michael H. Schneider on 11/02/12. cc:petr 11-02-12(mll, )

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF TEXAS
TYLER DIVISION

GREGORY THURSBY, #653884

§

VS.

§

DIRECTOR, TDCJ-CID

§

CIVIL ACTION NO. 6:12cv293

ORDER OF DISMISSAL
Petitioner Gregory Thursby, a prisoner confined in the Texas prison system, proceeding pro
se, filed the above-styled and numbered petition for a writ of habeas corpus pursuant to 28 U.S.C. §
2254. The petition was referred to United States Magistrate Judge John D. Love, who issued a Second
Report and Recommendation concluding that the petition for a writ of habeas corpus should be
dismissed for failure to obey an order and failure to prosecute. The Petitioner has filed objections.
The petition for a writ of habeas corpus was filed on April 30, 2012. The Petitioner has been
given numerous deadlines to either pay the $5 filing fee or submit an application to proceed in forma
pauperis. In his objections to the Second Report and Recommendation, the Petitioner stated that he
was trying to get the matter resolved internally at TDCJ. Although he has been providing the same
excuse since July 2012, he was given another extension of time to comply with the Court’s order. He
was placed on notice that the Second Report and Recommendation would be forwarded for final
consideration if he did not comply with the order by October 31, 2012. He has not, however, complied
with the Court’s order.
The Second Report and Recommendation of the Magistrate Judge, which contain his proposed
findings of fact and recommendations for the disposition of such action, has been presented for

1

consideration, and having made a de novo review of the objections raised by Petitioner, the Court is
of the opinion that the findings and conclusions of the Magistrate Judge are correct. Thus the Court
hereby adopts the findings and conclusions of the Magistrate Judge as the findings and conclusions of
the Court. It is accordingly
ORDERED that the Second Report and Recommendation (docket entry #22) is ADOPTED.

.

It is further
ORDERED that the petition for a writ of habeas corpus is DISMISSED without prejudice for
failure to obey an order and for failure to prosecute. Fed. R. Civ. P. 41(b); Rule 41, Local Rules for
the Eastern District of Texas. It is finally
ORDERED that all motions not previously ruled on are DENIED.
It is SO ORDERED.

SIGNED this 2nd day of November, 2012.

____________________________________
MICHAEL H. SCHNEIDER
UNITED STATES DISTRICT JUDGE

2