Smith v. United States of America

Filing 4

ORDER Accepting 3 Findings and Recommendations. The magistrate judge's findings and conclusions are therefore accepted as those of the court. The court dismisses without prejudice Petitioners habeas petition. See Order (Ordered by Judge Sam A Lindsay on 10/9/09) (svc)

IN THE UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF TEXAS DALLAS DIVISION LAFIEL M. SMITH #28906-077, Petitioner, v. UNITED STATES OF AMERICA, Respondent. § § § § § § § §

Civil Action No. 3:09-CV-0743-L

ORDER Before the court are the Findings, Conclusions and Recommendation of the United States Magistrate Judge, filed September 21, 2009. No objections were filed. This is a habeas petition brought pursuant to 28 U.S.C. § 2241. The magistrate judge

determined that the petition should be dismissed without prejudice for want of prosecution pursuant to Rule 41(b) of the Federal Rules of Civil Procedure. Having reviewed the pleadings, file and record in this case, and the findings and conclusions of the magistrate judge, the court determines that the findings and conclusions are correct. The magistrate judge's findings and conclusions are therefore accepted as those of the court. The court dismisses without prejudice Petitioner's habeas petition. It is so ordered this 9th day of October, 2009.

_________________________________ Sam A. Lindsay United States District Judge

Order ­ Solo Page