Robertson v. Davis-Director TDCJ-CID

Filing 5

ORDER: Plaintiff failed to file a timely objection to the Findings, Conclusions and Recommendation. re: 4 Findings and Recommendations on Case re: 3 Petition for Writ of Habeas Corpus. The Court finds that a ruling on Petitioner's Mo tion will require an advance determination of whether statutory tolling will apply in determining the timeliness of a federal habeas petition, and without the filing of a § 2254 petition, this Court lacks subject matter jurisdiction to grant relief on Petitioner's motion. As such, this action is DISMISSED for lack of jurisdiction. (Ordered by Senior Judge Sam R Cummings on 7/28/2017) (ndt)

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