Reported / Citable
Background
George W. Fulco filed a petition for a writ of habeas corpus under 28 U.S.C. § 2254 against the Director of the Texas Department of Criminal Justice’s Correctional Institutions Division.
The matter was referred to a United States magistrate judge under 28 U.S.C. § 636. On July 1, 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 were filed.
The Court’s Holding
District Judge Sean D. Jordan concluded that the magistrate judge’s findings and conclusions were correct. Because no timely objections had been filed, the court adopted the report as its own findings and conclusions.
The court dismissed Fulco’s Section 2254 petition without prejudice under Rule 41(b). The memorandum did not identify the particular conduct or Rule 41(b) ground underlying the dismissal.
Key Takeaways
- The court adopted the magistrate judge’s unopposed report and recommendation.
- Fulco’s Section 2254 habeas petition was dismissed without prejudice under Rule 41(b).
- The memorandum did not specify the conduct that prompted the Rule 41(b) dismissal.
Why It Matters
The decision ends this federal habeas proceeding without prejudice, rather than adjudicating the petition’s merits. The opinion is also a reminder that failing to file timely objections may leave a magistrate judge’s recommended disposition unchallenged before the district court.