Torres v. Guerrero

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UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF TEXAS
BROWNSVILLE DIVISION
SAMUEL ADAM TORRES,
Petitioner,
VS.
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CIVIL ACTION NO. 1:25-CV-088
ERIC GUERRERO, Director, TDCJ—
Correctional Institutional Division,
Respondent.
ORDER
Plaintiff Samuel Adam Torres filed a petition for writ of habeas corpus, challenging certain
aspects of his criminal sentence and decisions related to parole. (Pet., Doc. 1) A United States
Magistrate Judge ordered Torres to pay the proper filing fee or file for in forma pauperis status.
(Order, Doc. 9) Torres took no action in response, and instead filed a separate habeas action. See
Torres v. TDJC et al., Civil Action No. 1:25-cv-116 (S.D. Texas–Brownsville Division). The
Magistrate Judge consolidated the two cases together into the present case. (Order, Doc. 12) The
Magistrate Judge issued repeated warnings to Torres of the deficiencies in his filings and notified
him that his action may be dismissed if he failed to comply with the Court’s Orders. (Id.; Order,
Doc. 21)
On October 20, 2025, the Magistrate Judge issued an Order warning Torres that failure to
make the proper filings by November 7, 2025, would likely result in dismissal of his claims.
(Order, Doc. 23) Torres made no subsequent filings. In January 2026, based on the record and
the applicable law, the Magistrate Judge issued a Report and Recommendation recommending
that the Court dismiss without prejudice Torres’s Petition for failure to prosecute the case. (R&R,
Doc. 26) No party objected to the Report and Recommendation.
“When no timely objection is filed, the court need only satisfy itself that there is no clear
error on the face of the record in order to accept the recommendation.” FED. R. CIV. P. 72(b),
United States District Court
Southern District of Texas
ENTERED
March 25, 2026
Nathan Ochsner, Clerk
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Advisory Comm. Note (1983). The Court has reviewed the Report and Recommendation and finds
no clear error within it.
As a result, the Court ADOPTS the Report and Recommendation (Doc. 26). It is:
ORDERED that Petitioner Samuel Adam Torres’s Petition (Doc. 1) is DISMISSED
WITHOUT PREJUDICE.
Each party shall bear its own fees and costs.
This is a final and appealable order.
The Clerk of Court is directed to close this case.
Signed on March 25, 2026.
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Fernando Rodriguez, Jr.
United States District Judge
Case 1:25-cv-00088 Document 29 Filed 03/25/26 in TXSD Page 2 of 2