Opinion
Civil Action No. 4:04-CV-949-Y.
January 26, 2005
ORDER ADOPTING MAGISTRATE JUDGE'S FINDINGS AND CONCLUSIONS
Before the Court is the petition for writ of habeas corpus under 28 U.S.C. § 2254 of petitioner Olin Ray Nowlin, along with the December 29, 2004, findings, conclusions, and recommendation of the United States Magistrate Judge. The magistrate judge gave the parties until January 19, 2005, to file written objections to the findings, conclusions, and recommendation. As of the date of this order, no written objections have been filed.
The Court has reviewed the pleadings and the record in this case, and has reviewed for clear error the proposed findings, conclusions and recommendation of the United States Magistrate Judge filed on December 29, 2004. The Court concludes that the petition for writ of habeas corpus should be dismissed as a successive petition filed without the permission of the Court of Appeals as required by 28 U.S.C. § 2244(b) (1), for the reasons stated in the magistrate judge's findings and conclusions.
It is therefore ORDERED that the findings, conclusions and recommendation of the magistrate judge should be, and are hereby, ADOPTED.
It is further ORDERED that Petitioner's Petition for Writ of Habeas Corpus be, and is hereby, DISMISSED WITHOUT PREJUDICE to his right to file a motion under 28 U.S.C. § 2244 (b) (3) (A) in the United States Court of Appeals for the Fifth Circuit for leave to file a successive petition.