Opinion
2:00-CV-0091.
February 27, 2001.
REPORT AND RECOMMENDATION
On March 16, 2000, petitioner R.C. JENKINS filed a Petition For a Writ of Habeas Corpus By a Person in State Custody wherein petitioner appears to challenge his incarceration in the Hall County, Texas jail for two counts of delivery of a controlled substance without a hearing. On March 16, 2000, this Court entered an Order to Show Cause directing petitioner to set forth any argument as to why his petition should not be dismissed for failure to exhaust state court remedies. Petitioner was granted twenty (20) days or until April 5, 2000 to respond. Petitioner was warned that failure to comply in the manner set forth in the court's order would result in the issuance of a Report and Recommendation recommending that his petition be dismissed.
RECOMMENDATION
Despite the Court's warning, petitioner has failed to file a response to the Order to Show Cause. Based upon the foregoing, it is the RECOMMENDATION of the United States Magistrate Judge to the United States District Judge that the application for writ of habeas corpus filed by petitioner R.C. JENKINS be DISMISSED for failure to exhaust state court remedies.
INSTRUCTIONS FOR SERVICE and NOTIFICATION OF RIGHT TO OBJECT
The United States District Clerk is directed to send a file-marked copy of this Report and Recommendation to petitioner by certified mail, return receipt requested.
Petitioner may object to this Report and Recommendation within fourteen (14) days after its date of filing. See 28 U.S.C. § 636(b); Fed.R.Civ.P. 5(b), 6(e). Any such objections shall be in the form of a written pleading entitled "Objections to the Report and Recommendation," and shall specifically identify the portions of the findings, conclusions, or recommendation to which objection is made, and set out fully the basis for each objection. Objecting parties shall file the written objections with the United States District Clerk and serve a copy of such objections on the Magistrate Judge and all other parties. A party's failure to timely file written objections to the proposed findings, conclusions, and recommendation contained in this report shall bar an aggrieved party, except upon grounds of plain error, from attacking on appeal the unobjected-to proposed factual findings and legal conclusions set forth in this report and accepted by the district court. Douglass v. United Services Auto. Ass'n, 79 F.3d 1415, 1428-29 (5th Cir. 1996).
IT IS SO RECOMMENDED.