Opinion
3:21-cv-2114-B-BN
10-06-2021
AUGUSTINE PINA, JR., TDCJ No. 2152316, Petitioner, v. DIRECTOR, TDCJ-CID, Respondent.
ORDER WITHDRAWING FINDINGS, CONCLUSIONS, AND RECOMMENDATION AND TERMINATING MOTION AS MOOT
DAVID L. HORAN UNITED STATES MAGISTRATE JUDGE
Petitioner Augustine Pina, Jr., a Texas prisoner, filed a pro se application for habeas relief under 28 U.S.C. § 2254. See Dkt. No. 3. United States District Judge Jane J. Boyle referred Pina's habeas petition to the undersigned United States magistrate judge for pretrial management under 28 U.S.C. § 636(b) and a standing order of reference. The undersigned recommended that the habeas action be dismissed without prejudice under Federal Rules of Civil Procedure 41(b) unless Pina paid the filing fee within a reasonable time [Dkt. No. 8] (the FCR). Because Pina subsequently paid the filing fee, the Court WITHDRAWS the FCR, TERMINATES AS MOOT his motion for leave to proceed in forma pauperis [Dkt. No. 7], and will enter a separate order regarding service of Pina's habeas petition.
SO ORDERED.