Bradley Wayne Thomas v. Director, TDCJ-CID

Summary

The United States District Court for the Eastern District of Texas adopts a magistrate judge’s report and recommendation in Bradley Wayne Thomas’s 28 U.S.C. § 2254 habeas petition. The court dismisses the case without prejudice for failure to prosecute or obey a court order after Thomas failed to file objections.

Holdings

1. A party who fails to object to a magistrate judge's report and recommendation is barred from de novo review by the district judge and, except for plain error, from appellate review of unobjected-to factual findings and legal conclusions accepted by the district court.
2. The case was properly dismissed without prejudice for failure to prosecute or obey a court order.

Questions Presented

1. Whether the magistrate judge's report and recommendation should be reviewed under the applicable non-de novo standard because Thomas filed no objections.
2. Whether the case should be dismissed without prejudice for failure to prosecute or obey a court order.

Disposition

dismissed