Opinion
NO. 4:03-CV-1495-A
April 15, 2004
ORDER
Came on for consideration the above-captioned action wherein James Paul May is petitioner and Douglas Dretke, Texas Department of Criminal Justice, Correctional Institutions Division, is respondent. This is a petition for writ of habeas corpus filed pursuant to 28 U.S.C. § 2254. On March 24, 2004, the United States Magistrate Judge issued his proposed findings, conclusions, and recommendation, and ordered that the parties file objections, if any, thereto by April 14, 2004. On April 14, petitioner filed his written objections. Respondent has not made any further response. In accordance with 28 U.S.C. § 636(b)(1) and Rule 72 of the Federal Rules of Civil Procedure, the court makes a de novo determination of those portions of the proposed findings or recommendations to which specific objection is made. United States v. Raddatz, 447 U.S. 667 (1980). The court is not addressing any nonspecific objections or any frivolous or conclusory objections. Battle v. United States Parole Comm'n, 834 F.2d 419, 421 (5th Cir. 1987).
Petitioner contends that he did not have an opportunity for a full and fair litigation of his Fourth Amendment claim that the affidavit supporting the search warrant authorizing the search of his residence contained false statements. Petitioner's claim is belied by the record. Because he was given an opportunity to litigate his claim, he cannot pursue that claim here. Stone v. Powell, 428 U.S. 465, 494 (1976); Janecka v. Cockrell, 301 F.3d 316, 320 (5th Cir. 2002).
The court accepts the findings, conclusions and recommendation of the magistrate judge and ORDERS that the petition in this action be, and is hereby, denied.