Reported / Citable
Background
Cid S. Artecona, Jr., a Texas prisoner, filed a petition for a writ of habeas corpus under 28 U.S.C. § 2254 against the Director of TDCJ-CID. The district court referred the matter to a United States magistrate judge under 28 U.S.C. § 636.
On August 5, 2026, the magistrate judge issued a report recommending that the petition be dismissed without prejudice under Federal Rule of Civil Procedure 41(b). No timely objections to the report were filed.
The Court’s Holding
District Judge Sean D. Jordan concluded that the magistrate judge’s findings and conclusions were correct. The court adopted the report and recommendation as its own findings and conclusions.
The court dismissed Artecona’s Section 2254 petition without prejudice under Rule 41(b). The memorandum did not identify the conduct underlying the Rule 41(b) dismissal.
Key Takeaways
- The court adopted the magistrate judge’s report after no timely objections were filed.
- The Section 2254 habeas petition was dismissed without prejudice under Rule 41(b).
- The memorandum did not state the specific factual basis for the Rule 41(b) dismissal.
Why It Matters
The ruling ends this federal habeas proceeding without prejudice, rather than adjudicating the petition on the merits. Because the memorandum provides no details about the conduct supporting dismissal, its holding should be described no more broadly than dismissal under Rule 41(b).