James F. Metcalf

“That the Petition for Writ of Habeas Corpus pursuant to 28 U.S.C. 2254 (Doc. 1) is denied and dismissed with prejudice; That a certificate of appealability and leave to proceed in forma pauperis on appeal are denied”

“That the Petition for Writ of Habeas Corpus pursuant to 28 U.S.C. 2254 (Doc. 1) is stayed pending completion of Petitioner's state post-conviction relief proceedings”

“Petitioner April Ferrer's Stipulated Motion to Withdraw Petition, filed November 22, 2021 (Doc. 114) shall be GRANTED; (B) Petitioner April Ferrer's Stipulated Petition for Determination of Third-Party Interest, filed January 11, 2019 (Doc. 58) shall be DEEMED WITHDRAWN; and (C) The Preliminary Order of Forfeiture (Doc. 23) shall be AMENDED to remove as a forfeitable asset the real property at 7409 KingsBarns, The Colony, Texas 75056.”

“Plaintiff's Motion for Extension of Time for Service (Doc. 61) is denied. IT IS FURTHER ORDERED that Defendant Hernandez and this case are dismissed without prejudice pursuant to Fed. R. Civ. P. 4(m).”

In a pro se civil case assigned to Metcalf without full consent under General Order 21-25, his first R&R on March 14, 2022 recommended sua sponte dismissal for lack of subject-matter jurisdiction. After the plaintiff's mail was returned undeliverable and he failed to update his address, a second R&R on April 12 recommended dismissal for failure to prosecute. The designated district judge adopted the second R&R and the first in part, dismissing without prejudice and without leave to amend on May 4, 2022.

“IT IS FURTHER ORDERED that Respondents' Motion to Dismiss Under Fed. R. Civ. P. 12(b)(3) (Doc. 17) is granted in part as provided in the Report and Recommendation (Doc. 24). IT IS FURTHER ORDERED that this matter is transferred to the United States District Court for the Southern District of Mississippi. IT IS FURTHER ORDERED that the portion of Respondents' Motion requesting dismissal of this matter (part of Doc. 17) is denied.”

“Plaintiff's Second Amended Complaint, filed July 16, 2018 (Doc. 13) is construed to include a motion for leave to amend, and that such motion and leave to amend are granted.”

“Pursuant to 28 U.S.C. § 1915A, Defendants Ryan, Rankin, and Thompson are dismissed without prejudice, Count Three of the Second Amended complaint is dismissed without prejudice, and Defendants Corizon, Ende, Bryce, and Russell are ordered to respond to the Second Amended Complaint as set forth in the R&R.”

“That Plaintiff's Motion for Appointment of Counsel (Doc. 85) is denied”

“The Clerk shall enter judgment denying and dismissing petitioner's Petition for Writ of Habeas Corpus filed pursuant to 28 U.S.C. § 2254 (Doc. 1) with prejudice and terminate this action. A request for a certificate of appealability will be denied because dismissal of the Petition is justified by a plain procedural bar and jurists of reason would not find the procedural ruling debatable.”

“IT IS ORDERED that Plaintiff's objection to the R&R (Doc. 36) is OVERRULED. The R&R (Doc. 33) is ACCEPTED. Plaintiff's Motion to Amend and Supplement Complaint (Doc. 25) is DENIED.”

“IT IS ORDERED the Report and Recommendation (Doc. 47) is ADOPTED IN PART as set forth above. The motion to amend (Doc. 41) is DENIED.”

“IT IS FURTHER ORDERED that the Report and Recommendation of the Magistrate Judge (Doc. 30) and as amended as set forth above is accepted. IT IS FURTHER ORDERED that the Clerk of the Court enter judgment denying and dismissing Petitioner's Petition for Writ of Habeas Corpus filed pursuant to 28 U.S.C. § 2254 (Doc. 1) with prejudice.”

“IT IS FURTHER ORDERED granting Defendants' Motion to Strike Surreply (Doc. 38).”