Opinion
2:05-CV-0058.
May 6, 2005
REPORT AND RECOMMENDATION TO DISMISS PETITION FOR A WRIT OF HABEAS CORPUS
On February 22, 2005, petitioner filed with this Court a handwritten pleading entitled "Interlocutory Application" wherein he appeared to challenge his conviction for the felony offense of sexual assault. Petitioner, however, cited the Court to 28 U.S.C. § 2349(b) as the authority for his filing. This statute addresses appellate court jurisdiction over petitions to review certain reviewable orders of listed federal agencies and is not applicable to petitioner's circumstances. It appeared, instead, that petitioner was seeking federal habeas corpus relief by his pleading and, consequently, this case was opened as a habeas corpus proceeding.
As the federal courts for the Northern District of Texas require petitioners to utilize a form petition adopted by the district, petitioner was ordered, on March 15, 2005, to submit an "Amended Petition." Petitioner was warned that his failure to properly supplement by April 4, 2005, twenty (20) days from the date of the Order, would result in an immediate recommendation for the dismissal of this case without further notice.
As of this date, petitioner has not filed an Amended Petition form and is in direct disregard of the Court's Order. Further, petitioner has not communicated with the Court with regard to this case. It is the opinion of the undersigned that petitioner has neglected his case to such an extent that it warrants dismissal.
RECOMMENDATION
It is the RECOMMENDATION of the United States Magistrate Judge to the United States District Judge that the Petition for a Writ of Habeas Corpus filed by petitioner MARCO ANTONIO ROMERO be DISMISSED for want of prosecution.
INSTRUCTIONS FOR SERVICE
The United States District Clerk is directed to send a file-marked copy of this Report and Recommendation to petitioner by the most efficient means available.
IT IS SO RECOMMENDED.