Opinion
No. 4:01-CV-644-A
April 24, 2002
ORDER
Came on for consideration the above-captioned action wherein Earl Ewing Burkhart is petitioner and Janie Cockrell, Director, Texas Department of Criminal Justice, Institutional Division, is respondent. This is a petition for writ of habeas corpus ailed pursuant to 28 U.S.C. § 2254. On March 13, 2002, the United States Magistrate Judge issued his findings, conclusions, and recommendation and ordered that the parties be granted until April 4, 2002, 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 March 19, 2002, and on behalf of respondent on March 18, 2002. On March 29, 2002, petitioner filed his objections. The court has reviewed the record de novo and finds that the petition must be denied as untimely.
The court ORDERS that the petition in this action be, and is hereby, dismissed as untimely.