Opinion
2:03-CV-0283
January 6, 2004
ORDER OVERRULING OBJECTIONS, ORDER ADOPTING REPORT AND RECOMMENDATION, and DISMISSING PETITION FOR A WRIT OF HABEAS CORPUS
Came this day for consideration the federal habeas corpus application filed by petitioner, a state prisoner. On December 11, 2003, the United States Magistrate Judge issued a Report and Recommendation in this cause, recommending therein that the instant habeas application be dismissed for failure to exhaust state court remedies. Petitioner filed objections to the Report and Recommendation on December 29, 2003, asserting therein that his state court remedies should be deemed exhausted because he has twice attempted to file a state habeas application with the state district court in which he was convicted. Although petitioner did submit, with his objections, copies of documents from his direct appeal, he failed to supply this Court with copies and/or evidence of any proper filing of a state habeas application in the state district court or of receipt of a state habeas application by the state convicting court.
Petitioner did submit, on January 5, 2004, an affidavit of Alicia Duenes stating that she mailed petitioner's state habeas petition to the 31st State District Court No copy of the petition, however, was submitted, nor was a copy of the return receipt provided.
The undersigned United States District Judge has made an independent examination of the record in this case. Petitioner's objections are hereby OVERRULED, and the Magistrate Judge's Report and Recommendation is hereby ADOPTED. Accordingly, the petition for a writ of habeas corpus filed by petitioner is hereby DISMISSED for failure to exhaust state court remedies. Let judgment be entered accordingly.
IT IS SO ORDERED.