Humphrey v. Director TDCJ - CID

Filing 9

ORDER ACCEPTING FINDINGS, CONCLUSIONS, AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE. re: 8 Findings and Recommendations on Case re: 2 Petition for Writ of Habeas Corpus, filed by Brison Keith Humphrey. For the foregoing reasons, this action is DISMISSED without prejudice pursuant to Rule 41(b), Federal Rules of Civil Procedure, for want of prosecution. (Ordered by Judge Reed C. O'Connor on 10/12/2017) (trt)

IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF TEXAS
WICHITA FALLS DIVISION
BRISON KEITH HUMPHREY,
Petitioner,
v.
LORIE DAVIS, Director,
Texas Department of Criminal Justice,
Correctional Institutions Division,
Respondent.

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Civil Action No. 7:17-CV-097-O

ORDER ACCEPTING FINDINGS, CONCLUSIONS, AND RECOMMENDATION
OF THE UNITED STATES MAGISTRATE JUDGE
After making an independent review of the pleadings, files, and records in this case, and of the
Findings, Conclusions, and Recommendation of the United States Magistrate Judge, I am of the
opinion that the findings of fact, conclusions of law, and reasons for dismissal set forth in the
Magistrate Judge’s Recommendation are correct and they are hereby adopted and incorporated by
reference as the Findings of the Court.
Review of the petition reveals that the incidents underlying Petitioner’s habeas claims occurred
in March 2017. See Petition, ECF No. 2 at 15-27. Therefore, he has ample time in which to re-file
his habeas petition if he so desires. See 28 U.S.C. § 2244(d) (a one-year statute of limitations applies
to § 2254 habeas petitions).
For the foregoing reasons, this action is DISMISSED without prejudice pursuant to Rule
41(b), Federal Rules of Civil Procedure, for want of prosecution.
SO ORDERED this 12th day of October, 2017.

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Reed O’Connor
UNITED STATES DISTRICT JUDGE