Opinion
No. 4:04-CV-046-A.
April 28, 2004
ORDER
Came on for consideration the above-captioned action wherein Norman Spore Bolton is petitioner and Douglas Dretke, Texas Department of Criminal Justice, Correctional Institutions Division, is respondent. This is a petition for writ of habeas corpus filed pursuant to 28 U.S.C. § 2254. On March 30, 2004, the United States Magistrate Judge issued his proposed findings, conclusions, and recommendation, and ordered that the parties file objections, if any, thereto by April 20, 2004. On April 15, 2004, petitioner filed his written objections. Petitioner's objections are subject to being stricken as they are not accompanied by a completed certificate of service as required by Rule 5(d) of the Federal Rules of Civil Procedure. Respondent has not made any further response. In accordance with 28 U.S.C. § 636(b)(1) and Rule 72 of the Federal Rules of Civil Procedure, the court makes a de novo determination of those portions of the proposed findings or recommendations to which specific objection is made. United States v. Raddatz, 447 U.S. 667 (1980). The court is not addressing any nonspecific objections or any frivolous or conclusory objections. Battle v. United States Parole Comm'n, 834 F.2d 419, 421 (5th Cir. 1987).
The document filed April 15, 2004, by petitioner is titled "Motion for New Trial and Properly Offense and Sentencing and Judgment Order Back to the Convicted Judicial Court and Petitioner be Benched Warranted to Stand Trial for Properly Offense that was Commited."
The document filed April 15, 2004, is, for the most part, incomprehensible. One matter is clear, however. Petitioner agrees that this is the second such petition he has filed and this petition was filed without leave of the United States Court of Appeals for the Fifth Circuit. Accordingly, the petition must be dismissed, as recommended by the magistrate judge.
The court accepts the findings, conclusions and recommendation of the magistrate judge and ORDERS that the petition in this action be, and is hereby, dismissed as a successive petition filed without leave.