No. 3:02-CV-337-P.
October 29, 2004
FINDINGS, CONCLUSIONS AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE
PAUL STICKNEY, Magistrate Judge
Pursuant to the provisions of 28 U.S.C. § 636(b) and an order of the District Court, Petitioner's motion for relief from judgment has been referred to the United States Magistrate Judge. The findings, conclusions and recommendation of the Magistrate Judge follow:
On October 1, 2004, Petitioner filed a motion for relief from judgment. Petitioner's motion reiterates the claims in his § 2254 petition. For the reasons stated in this Court's July 20, 2004, Findings, Conclusions and Recommendation, the Court finds the motion for relief from judgment should be DENIED.
INSTRUCTIONS FOR SERVICE AND NOTICE OF RIGHT TO APPEAL/OBJECT
The United States District Clerk shall serve a copy of these findings, conclusions and recommendation on Plaintiff by mailing a copy to him by United States Mail. Pursuant to Title 28, United States Code, Section 636(b)(1), any party who desires to object to these findings, conclusions and recommendation must serve and file written objections within ten days after being served with a copy. A party filing objections must specifically identify those findings, conclusions or recommendation to which objections are being made. The District Court need not consider frivolous, conclusory or general objections. A party's failure to file such written objections to these proposed findings, conclusions and recommendation shall bar that party from a de novo determination by the District Court. See Thomas v. Arn, 474 U.S. 140, 150, 106 S. Ct. 466, 472 (1985). Additionally, any failure to file written objections to the proposed findings, conclusions and recommendation within ten days after being served with a copy shall bar the aggrieved party from appealing the factual findings and legal conclusions of the Magistrate Judge that are accepted by the District Court, except upon grounds of plain error. Douglass v. United Services Auto. Ass'n, 79 F.3d 1415, 1417 (5th Cir. 1996) (en banc).