Opinion
Civil Action No. 4:04-CV-370-Y.
October 19, 2004
ORDER ADOPTING MAGISTRATE JUDGE'S FINDINGS AND CONCLUSIONS
Before the Court is the petition for writ of habeas corpus under 28 U.S.C. § 2254 of petitioner Johnny Leon Gonce, along with the September 13, 2004, findings, conclusions, and recommendation of the United States Magistrate Judge. The magistrate judge gave the parties until October 4, 2004, to file written objections to the findings, conclusions, and recommendation. As of the date of this order, no written objections have been filed.
Although petitioner Gonce filed a notice of change of address that crossed in the mail with the initial delivery to him of a copy of the magistrate judge's findings, conclusions, and recommendation ("FCR"), the clerk of Court redelivered a copy of the FCR to Gonce's new address of record via certified mail on September 21, 2004. On September 27, 2004, the clerk of Court received proof that Gonce had received a copy of the FCR at his new address of record.
The Court has reviewed the pleadings and the record in this case and has reviewed for clear error the proposed findings, conclusions, and recommendation of the United States Magistrate Judge filed on September 13, 2004. The Court concludes that the petition for writ of habeas corpus should be dismissed with prejudice for the reasons stated in the magistrate judge's findings and conclusions.
It is therefore ORDERED that the findings, conclusions and recommendation of the magistrate judge should be, and are hereby, ADOPTED.
It is further ORDERED that Petitioner's Petition for Writ of Habeas Corpus be, and is hereby, DISMISSED WITH PREJUDICE.