Opinion
NO. 4:00-CV-1767-A.
November 5, 2001.
ORDER
Came on for consideration the above-captioned action wherein David Earl Davis is petitioner and Janie Cockrell, Director, Texas Department of Criminal Justice, Institutional Division, is respondent. This is a petition for writ of habeas corpus filed pursuant to 28 U.S.C. § 2254. On September 21, 2001, the United States Magistrate Judge issued his findings, conclusions, and recommendation and ordered that the parties be granted until October 12, 2001, in which to file, and not merely place in the mail, written objections thereto. Copies of the findings, conclusions, and recommendation were sent to petitioner and respondent by certified mail, return receipt requested. Return receipts have been received by the Clerk and placed in the file. Such receipts reflect that copies were received on behalf of petitioner on September 26, 2001, and on behalf of respondent on September 27, 2001. Because timely objections have not been filed, further appeal is waived. Thomas v. Arn, 474 U.S. 140, 150 (1985). Therefore, the court accepts the findings, conclusions, and recommendation of the United States Magistrate Judge.
The court ORDERS that the petition be, and is hereby, denied.