Opinion
NO. 4:06-CV-402-A.
August 3, 2007
ORDER
Came on for consideration the above-captioned action wherein Larry Butler ("Butler") is petitioner and Nathaniel Quarterman, Director, Texas Department of Criminal Justice, Correctional Institutions Division ("Director"), is respondent. This is a petition for writ of habeas corpus filed pursuant to 28 U.S.C. § 2254. On July 6, 2007, the United States Magistrate Judge issued his proposed findings, conclusions, and recommendation, and ordered that the parties file objections, if any, thereto by July 27, 2007. Butler timely filed written objections to which Director 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).
Petitioner's only alleged objections reiterate his substantive attacks on his trial and sentence. For example, he complains that the state trial court purportedly had insufficient evidence to convict him and gave him an "illegal sentence." Petitioner makes no specific objection to the magistrate judge's finding that his petition should be denied.
Therefore,
The court accepts the findings, conclusions and recommendation of the magistrate judge and ORDERS that the petition in this action be, and is hereby, denied.