Thomas v. Director, TDCJ-CID

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF TEXAS
SHERMAN DIVISION
BRADLEY WAYNE THOMAS,
Petitioner,
v.
DIRECTOR, TDCJ-CID,
Respondent.
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CIVIL ACTION NO. 4:25-CV-983-RWS-JBB
ORDER
This case was referred to United States Magistrate Judge J. Boone Baxter. In his amended
petition for writ of habeas corpus pursuant to 28 U.S.C. § 2254, Petitioner Bradley Thomas
challenges his 2023 Denton County, Texas conviction for assault family violence causing bodily
injury. Docket No. 5 at 3; see also Docket No. 1 at 1. On December 8, 2025, the Magistrate Judge
issued a report and recommendation, recommending the application for writ of habeas corpus be
dismissed without prejudice for failure to prosecute or to obey an order of the Court. Docket No. 12
at 2. Petitioner, who is not incarcerated, received a copy of the Report and Recommendation via
electronic notification. Docket No. 3. To date, Petitioner has not filed objections to the Report and
Recommendation.
Because no objections have been received, Petitioner is barred from de novo review by the
District Judge of the Magistrate Judge’s proposed findings, conclusions, and recommendations
and, except upon grounds of plain error, from appellate review of the unobjected-to factual findings
and legal conclusions accepted and adopted by the District Court. See Duarte v. City of Lewisville,
858 F.3d 348, 352 (5th Cir. 2017); Arriaga v. Laxminarayan, No. 4:21-CV-00203-RAS, 2021 WL
3287683, at *1 (E.D. Tex. July 31, 2021).
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The Court has reviewed the pleadings in this case and the Report and Recommendation of
the Magistrate Judge. Upon such review, the Court has determined that the Report and
Recommendation of the Magistrate Judge is correct. See United States v. Wilson, 864 F.2d 1219,
1221 (5th Cir. 1989) (where no objections to a magistrate judge’s report are filed, the standard of
review is “clearly erroneous, abuse of discretion and contrary to law”). Accordingly, it is
ORDERED that the Report and Recommendation (Docket No. 12) is ADOPTED as the
opinion of the District Court. It is further
ORDERED that the above-captioned case is DISMISSED WITHOUT PREJUDICE. It
is further
ORDERED that, in addition to sending notification electronically, the Clerk of Court is
directed to mail a copy of this Order and the Final Judgment to Bradley Wayne Thomas, 5000 H
Lively, Ponder, Texas 76259.
.
____________________________________
ROBERT W. SCHROEDER III
UNITED STATES DISTRICT JUDGE
So ORDERED and SIGNED this 24th day of February, 2026.
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