Opinion
No. 2:04-CV-0147.
March 7, 2005
Came this day for consideration the Petition for a Writ of Habeas Corpus by a Person in State Custody filed by petitioner. On December 21, 2004, the United States Magistrate Judge issued a Report and Recommendation in this cause, recommending therein that petitioner's application for a writ of habeas corpus be dismissed as successive. Petitioner filed objections to the Magistrate Judge's Report and Recommendation on December 28, 2004 and December 30, 2004, therein stating that he had received permission from the Fifth Circuit to file a successive petition.
On January 4, 2005, the Magistrate Judge entered a Briefing Order to petitioner ordering him to submit documentation setting forth the specific dates he filed such Motion for Leave to File a Successive Habeas Application as well as the 5th Circuit's Order on such motion, along with copies of both the motion and order. On January 19, 2005, petitioner filed his Response to Briefing Order again alleging that he received permission to file another writ application from the Fifth Circuit in June of 2004 in Cause No. 4-10643. Review of the Fifth Circuit docket records for Cause No. 4-10643, however, reflects that permission to file a successive petition had not been granted. Instead, on July 22, 2004, the Appeals Court entered an Order denying petitioner's motion to file a successive habeas petition and issued a sanctions warning.
On January 24, 2005, the Magistrate Judge issued a Supplemental Report and Recommendation in this cause, again recommending that petitioner's application for a writ of habeas corpus be dismissed as successive, and that petitioner MINNFEE be assessed a monetary sanction in the amount of Fifty dollars ($50.00), and not be allowed to proceed with any litigation in this Court until such sanction has been paid. Petitioner filed objections to the Supplemental Report and Recommendation on February 15, 2005. In his objections, petitioner does not object to the Supplemental Report and Recommendation, but requests that the sanctions not be imposed.
The undersigned United States District Judge has made an independent examination of the record in this case. The objections filed by petitioner are hereby OVERRULED. The Magistrate Judge's Report and Recommendation and Supplemental Report and Recommendation are hereby ADOPTED. Accordingly, the petition for a writ of habeas corpus filed by petitioner is hereby DISMISSED, and petitioner MINNFEE is assessed a monetary sanction in the amount of Fifty dollars ($50.00), and shall not be allowed to proceed with any litigation in this Court until such sanction has been paid.
Let judgment be entered accordingly.
IT IS SO ORDERED.