Oliver v. Director, TDCJ-CID

Filing 6

ORDER accepting 4 Report and Recommendations. Petitioner's action is dismissed without prejudice for failure to comply with an order of the court and for failure to satisfy the fee requirement. Any pending motions are denied as moot. Signed by District Judge J. Campbell Barker on 3/6/2025. (ndc)

No. 6:24-cv-00366
Willie T. Oliver,
Petitioner,
v.
Director, TDCJ-CID,
Respondent.
ORDER
Petitioner Willie T. Oliver, then a prisoner of the Texas Department of Criminal Justice proceeding pro se, filed this habeas
action without paying the filing fee. Doc. 1. The case was referred
to United States Magistrate Judge K. Nicole Mitchell pursuant to
28 U.S.C. § 636(b). Doc. 2.
On December 3, 2024, the magistrate judge issued a report
recommending that this case be dismissed without prejudice due
to petitioner’s failure to comply with the court’s orders to file an
amended petition and satisfy the fee requirement. Doc. 4. A copy
of the report was mailed to petitioner at his last known address,
but it was returned as undeliverable because petitioner had been
discharged from prison and failed to notify the court of his change
of address. Doc. 5.
The Local Rules state that a pro se litigant “must provide the
court with a physical address . . . and is responsible for keeping
the clerk advised in writing of his or her current physical address.”
E.D. Tex. Local Rule CV-11(d); see also Anderson v. Munger, No.
5:17-cv-00175, 2019 WL 2929056, at *1 (E.D. Tex. July 8, 2019)
(“The Court has no duty to locate litigants . . . .”). Petitioner has
not otherwise filed objections to the report.
When no party objects to the magistrate judge’s report and
recommendation, the court reviews it only for clear error. See
Douglass v. United Servs. Auto. Ass’n, 79 F.3d 1415, 1420 (5th Cir.
1996). Having reviewed the magistrate judge’s report, and being
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satisfied that it contains no clear error, the court accepts its findings and recommendation. Petitioner’s action is dismissed without prejudice for failure to comply with an order of the court and
for failure to satisfy the fee requirement. Any pending motions are
denied as moot.
So ordered by the court on March 6, 2025.

J. C AM PB EL L B A RK ER
United States District Judge

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