Dial v. Dretke

Full title: DON KINDALL DIAL Petitioner, v. DOUGLAS DRETKE, DIRECTOR, TEXAS DEPARTMENT…

Court: United States District Court, N.D. Texas, Dallas Division

Date published: Jul 15, 2004

Civil No. 3:04-CV-1037-H (N.D. Tex. Jul. 15, 2004)

Opinion

Civil No. 3:04-CV-1037-H.

July 15, 2004

ORDER

BAREFOOT SANDERS, Senior District Judge

Before the Court are the Findings and Recommendation of the United States Magistrate Judge, filed June 28, 2004, and Petitioner's Objections thereto, filed July 13, 2004.

The Court has made the required independent review of the pleadings, files, and records in this case; the Findings and Recommendation of the Magistrate Judge; and Petitioner's Objections. Having done so, the Court is of the opinion that the Findings and Recommendation of the Magistrate Judge are correct and they are ADOPTED as the Findings and Conclusions of the Court. Molo v. Johnson, 207 F.3d 773, 775 (5^th Cir. 2000);see also Moore v. Cockrell, 313 F.3d 880 (5^th Cir. 2002) finding that counsel's delay in notifying petitioner of the result of direct appeal does not constitute a basis for equitable tolling); Cousin v. Lensing, 310 F.3d 843 (5^th Cir. 2002) ("Mere attorney error or neglect is not an extraordinary circumstance such that equitable tolling is justified.") Ellis v. Dretke, 2004 WL 323924 (N.D. Tex. Feb. 19, 2004) (AEDPA limitations period not tolled due to ineffective assistance of counsel). Petitioner's Objections are therefore OVERRULED.

Judgment will be entered accordingly.

SO ORDERED.