Arthur Wilson McDaniels v. United States

Summary

The United States District Court for the Eastern District of Texas adopted the magistrate judge’s report and recommendation and dismissed Arthur Wilson McDaniels’s 28 U.S.C. § 2255 motion for want of prosecution. The dismissal was without prejudice to reinstatement upon provision of a current address within 60 days, and the court denied a certificate of appealability.

Holdings

1. The magistrate judge's report and recommendation was adopted, and the action was dismissed for want of prosecution without prejudice.
2. A certificate of appealability was denied because McDaniels failed to make the required substantial showing of the denial of a federal constitutional right or show that reasonable jurists could debate the procedural ruling.

Questions Presented

1. Whether the district court should adopt the magistrate judge's recommendation to dismiss the § 2255 action for want of prosecution.
2. Whether McDaniels was entitled to a certificate of appealability after the procedural dismissal.

Disposition

dismissed