Franklin, III v. USA

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF TEXAS
SHERMAN DIVISION
ROBERT LEON FRANKLIN, III,
#31751-509
VS.
UNITED STATES OF AMERICA
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CIVIL CASE NO. 4:25-CV-728-SDJ
MEMORANDUM ADOPTING REPORT AND
RECOMMENDATION OF UNITED STATES MAGISTRATE JUDGE
Came on for consideration the Report and Recommendation of the United
States Magistrate Judge in this action (the “Report”) (Dkt. #22), this matter having
been heretofore referred to the Magistrate Judge pursuant to 28 U.S.C. § 636. On
November 10, 2025, the Magistrate Judge entered the Report, containing proposed
findings of fact and recommendations that pro se Movant Robert Leon Franklin, III’s
petition for a writ of mandamus (Dkt. #17) against the Grayson County Jail be
dismissed as frivolous with prejudice as to its refiling in federal court, but without
prejudice as to Movant’s right to seek mandamus relief from the courts of the State
of Texas.
The Report of the Magistrate Judge, which contains proposed findings of fact
and recommendations for the disposition of such action, has been presented for
consideration. No objections having been timely filed, the Court concludes that the
findings and conclusions of the Magistrate Judge are correct and adopts the same as
the findings and conclusions of the Court.
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It is therefore ORDERED that the petition for a writ of mandamus (Dkt.
#17) is DISMISSED as frivolous with prejudice as to its refiling in federal
court, but without prejudice as to Movant’s right to seek mandamus relief from the
courts of the State of Texas. The Clerk of Court shall CLOSE this case.
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