Opinion
No. 3:01-CV-1931-L
May 29, 2002
ORDER
This is a habeas case brought pursuant to 28 U.S.C. § 2254. Petitioner is an inmate in the Texas Department of Criminal Justice, Institutional Division (TDCJ-ID). Respondent is Janie Cockrell, Director of the TDCJ-ID. Pursuant to 28 U.S.C. § 636(b), and an order of the court in implementation thereof, this action was referred to the United States magistrate judge for proposed findings and recommendation. On April 15, 2002, the Findings and Recommendation of the United States Magistrate Judge were filed. On April 30, 2002, the court extended the deadline for Petitioner to filed his objections to the magistrate's report to May 17, 2002. Petitioner submitted his Objections to the Findings and Recommendation of the United States Magistrate Judge on May 17, 2002.
After an independent review of the pleadings, the record, the findings and conclusions of the magistrate judge, and the applicable law, the court concludes that the findings and conclusions are correct. Petitioner's objections are overruled. The court hereby accepts the findings and conclusions of the magistrate judge as those of the court. Accordingly, for the reasons stated in the magistrate judge's report, Petitioner's request for habeas corpus relief under 28 U.S.C. § 2254 is denied with prejudice based on Petitioner's procedural default.