Awan v. Harmon et al

Filing 17

ORDER: The 13 Findings, Conclusion, and Recommendation are hereby ADOPTED as the findings and conclusions of the Court. Awan's 12 petition for a certificate of appealability is DENIED as unnecessary and his request to stay pending appeal is DENIED. Because Awan has failed to comply with the Court's previous order to pay the $400.00 filing fee, it is further ORDERED that the above-styled and -numbered civil action is DISMISSED without prejudice. (Ordered by Senior Judge Sam R Cummings on 5/1/2017) (sss)

IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF TEXAS
DALLAS DIVISION

KHALID AW AN,
ID 350959-956,
Plaintiff,

v.
WARDEN D. J. HARMON, et al.,
Defendants.

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Civil Action No. 3: 17-CV-O 130-C

ORDER
On this day, the Court considered Plaintiff Khalid Awan's Petition for a Grant of a
Certificate of Appealability, filed April 4, 2017. The United States Magistrate Judge entered her
Findings, Conclusion, and Recommendation on April 5, 2017, recommending that a certificate of
appealability should be denied as unnecessary and that Awan's included motion to stay pending
an appeal should also be denied. Awan failed to file any objections to the Magistrate Judge's
recommendation and the time to do so has now expired.
The Court has reviewed the Findings, Conclusion, and Recommendation for clear error
and finds none. It is therefore ORDERED that the Findings, Conclusion, and Recommendation
are hereby ADOPTED as the findings and conclusions of the Court. Awan's petition for a
certificate of appealability is DENIED as unnecessary and his request to stay pending appeal is
DENIED. Because Awan has failed to comply with the Court's previous order to pay the

$400.00 filing fee, it is further ORDERED that the above-styled and -numbered civil action is

DISMISSED without prejudice. All relief not expressly granted by this Order is DENIED.

A-

so ORDERED this _j__.:.__ day of May, 2017.

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