Cearley v. Director TDCJ
ORDER ADOPTING 3 REPORT AND RECOMMENDATIONS. Petitioner has ten (10) days to pay the $5.00 filing fee in this action. Failure to do so will result in dismissal of this habeas petition for want of prosecution pursuant to Federal Rule of Civil Procedure 41(b). Signed by Judge Ron Clark on 9/26/17. (ljw, )
IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF TEXAS
CHRISTOPHER WAYNE CLEARLEY
CIVIL ACTION NO. 9:17-CV-71
ORDER ADOPTING THE MAGISTRATE
JUDGE’S REPORT AND RECOMMENDATION
Petitioner, Christopher Wayne Cearley, an inmate confined at the Polunsky Unit with 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 Keith Giblin, United States Magistrate Judge,
at Beaumont, Texas, for consideration pursuant to applicable laws and orders of this Court. The
Magistrate Judge recommends petitioner pay the $5.00 filing fee.1
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.
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 has ten (10) days to pay the $5.00
A review of petitioner’s application to proceed in forma pauperis reveals that petitioner has maintained a six
month average deposit of $1,385.00 and a six month average balance of $1,711.72. Petitioner has a current balance of
filing fee in this action. Failure to do so will result in dismissal of this habeas petition for want of
prosecution pursuant to Federal Rule of Civil Procedure 41(b).
So Ordered and Signed
Sep 26, 2017
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