Escudero v. Director, TDCJ-CID

Filing 16

ORDER of dismissal. Ordered that the lawsuit is dismissed without prejudice for want of prosecution and failure to obey an order. All motions not previously ruled on are denied. Signed by District Judge Ron Clark on 12/7/2017. (bjc)

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

LORENZO ESCUDERO, #878388

§

VS.

§

CIVIL ACTION NO. 6:17cv577

DISTRICT ATTORNEY JACK SKEEN, JR., §
ET AL.
ORDER OF DISMISSAL
Petitioner Lorenzo Escudero, an inmate confined at the Neal Unit of the Texas prison
system, proceeding pro se and in forma pauperis, brings this lawsuit about a wide array of matters.
The cause of action was referred to United States Magistrate Judge K. Nicole Mitchell, who issued
a Report and Recommendation (Dkt. #13) concluding that the lawsuit should be dismissed without
prejudice for want of prosecution and failure to obey an order. Mr. Escudero has filed objections
(Dkt. #15).
The original lawsuit includes claims that are both habeas and civil rights in nature. Judge
Mitchell issued an order explaining the difference between the two types of cases. Mr. Escudero
was ordered to submit an amended pleading on the requisite form, and it was left up to him whether
to file a § 2254 form or a § 1983 form. Instead of complying with the order, Mr. Escudero filed
a response defiantly refusing to comply with the order. Judge Mitchell thus issued the Report and
Recommendation to dismiss the case. In his objections, Ms. Escudero once again refuses to obey
the court’s order. He presents a long discussion complaining about the legal system and the court.
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The lawsuit should be dismissed for want of prosecution and failure to obey an order. FED. R.
CIV. P. 41(b).
The Report of the Magistrate Judge, which contains her proposed findings of fact and
recommendations for the disposition of such action, has been presented for consideration, and
having made a de novo review of the objections raised by Mr. Escudero to the Report, the court is
of the opinion that the findings and conclusions of the Magistrate Judge are correct, and Mr.
Escudero’s objections are without merit.

Therefore, the findings and conclusions of the

Magistrate Judge are adopted as the findings and conclusions of the court. It is accordingly
ORDERED that the lawsuit is DISMISSED without prejudice for want of prosecution
and failure to obey an order. FED. R. CIV. P. 41(b). All motions not previously ruled on are
DENIED.

So Ordered and Signed
Dec 7, 2017

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