Padilla v. Stephens, Director TDCJ-CID

Filing 12

ORDER: The petitioner has now filed a motion for leave to proceed IFP with certificate of inmate trust account. (See doc. 10 .) The findings, conclusions, and recommendation for dismissal dated 8/19/2014 (doc. 9 ), are therefore VACATED. (Ordered by Magistrate Judge Irma Carrillo Ramirez on 10/1/2014) (mcrd)

IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF TEXAS
DALLAS DIVISION
ANTONIO HERNANDEZ PADILLA,
Petitioner,
vs.
WILLIAM STEPHENS, Director,
Texas Department of Criminal
Justice, Correctional Institutions Division,
Respondent.

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No. 3:14-CV-2742-B (BH)
Referred to U.S. Magistrate Judge

ORDER
Pursuant to Special Order No. 3-251, this habeas case was initially referred for findings,
conclusions and recommendation. On September 19, 2014, it was recommended that this action be
dismissed pursuant to Federal Rule of Civil Procedure 41(b) for failure to prosecute or comply with
a court order because the petitioner had failed to comply with the order that he submit the required
in forma pauperis (IFP) application and certificate of inmate trust account within thirty days. The
petitioner has now filed a motion for leave to proceed IFP with certificate of inmate trust account.
(See doc. 10.) The findings, conclusions, and recommendation for dismissal dated August 19, 2014
(doc. 9), are therefore VACATED.
SO ORDERED this 1st day of October, 2014.

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IRMA CARRILLO RAMIREZ
UNITED STATES MAGISTRATE JUDGE