Henderson v. Cockrell

Full title: RICHARD KEITH HENDERSON, Petitioner, VS. JANIE COCKRELL, DIRECTOR, TEXAS…

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

Date published: May 16, 2003

NO. 4:03-CV-012-A (N.D. Tex. May. 16, 2003)

Opinion

NO. 4:03-CV-012-A

May 16, 2003

ORDER

JOHN McBRYDE, District Judge

Came on for consideration the above-captioned action wherein Richard Keith Henderson is petitioner, and Janie Cockrell, Director, Texas Department of Criminal Justice, Institutional Division, is respondent. This is a petition for writ of habeas corpus filed pursuant to 28 U.S.C. § 2254. On April 21, 2003, the United States Magistrate Judge issued his proposed findings, conclusions, and recommendation ("Proposed FCR"), and ordered that the parties file objections, if any, thereto by May 12, 2003. Copies of the Proposed FCR 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 April 23, 2003, and on behalf of respondent on April 25, 2003. Because timely objections have not been filed, the court accepts the magistrate judge's Proposed FCR.

Therefore,

The court ORDERS that the petition be, and is hereby, dismissed without prejudice.

FINAL JUDGMENT

In accordance with the court's order of even date herewith, The court ORDERS, ADJUDGES, and DECREES that the petition of Richard Keith Henderson for writ of habeas corpus pursuant to 28 U.S.C. § 2254 be, and is hereby, dismissed without prejudice.