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Stowers v. United States

United States District Court, Fifth Circuit

December 26, 2013

RONNIE JOE STOWERS,
v.
UNITED STATES OF AMERICA

REPORT AND RECOMMENDATION TO DISMISS MOTION FOR HABEAS CORPUS

CLINTON E. AVERITTE, Magistrate Judge.

On September 12, 2013, defendant, a federal prisoner, filed with this Court a pleading entitled "Motion for Habeas Corpus" attempting to initiate a challenge to his March 31, 2010 conviction, pursuant to a guilty plea, for the offense of kidnaping. This pleading was construed as a motion to vacate, set aside, or correct sentence under 28 U.S.C. ยง 2255. On November 5, 2013, the Court advised defendant the federal courts of the district require defendants seeking 2255 relief to utilize a form motion adopted by the district, provided defendant with such a form motion, and ordered defendant fully complete such form and file the form with this Court within twenty (20) days of the Order.

As of this date, defendant has not submitted the form provided to him or filed any response to the Court's November 5, 2013 Order. Defendant is in direct disregard of this Court's Order. Moreover, defendant has not communicated with the Court, in any manner, with regard to this case since his initial filing on September 12, 2013. It is the opinion of the undersigned defendant 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 "Motion of Habeas Corpus" filed September 12, 2013 by defendant RONNIE JOE STOWERS be DISMISSED for want of prosecution.

INSTRUCTIONS FOR SERVICE

The United States District Clerk is directed to send a copy of this Report and Recommendation to each party by the ...


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