Opinion
No. 3-05-CV-0678-B.
October 19, 2005
ORDER ACCEPTING FINDINGS AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE
United States Magistrate Judge Jeff Kaplan made findings, conclusions and a recommendation in this case. Respondent filed objections, and the District Court has made a de novo review of those portions of the proposed findings and recommendation to which objection was made. Accordingly, the Court adopts the Findings, Conclusions and Recommendation of the United States Magistrate Judge with the exception that the second paragraph of page four should read, "The statute was tolled from April 23, 2002 until October 3, 2003, a total of 554 days, while petitioner sought and obtained leave to file an out-of-time appeal and pursued his appellate remedies." See Bautista v. McCotter, 793 F.2d 109, 110 (5th Cir. 1986) (finding "no material distinction . . . between the failure to seek discretionary review in the Texas Court of Criminal Appeals and the failure to do so timely").
SO ORDERED.