Opinion
No. 4:04-CV-645-A.
October 6, 2004
ORDER
Came on for consideration the above-captioned action wherein Boon Mounivong is petitioner and Douglas Dretke, Director, 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 September 27, 2004, the United States Magistrate Judge issued his proposed findings, conclusions, and recommendation, and ordered that petitioner file objections, if any, thereto by October 18, 2004. On October 6, 2004, petitioner filed his objections. In his filing, petitioner admits that the current petition is a successive one. Pet'r's Objections at 3. He asks, nevertheless, that the court consider the petition, apparently failing to recognize that the court cannot do so unless petitioner first obtains leave of the United States Court of Appeals for the Fifth Circuit.
The court accepts the findings, conclusions and recommendation of the magistrate judge and ORDERS that the petition in this action be, and is hereby, dismissed as a successive petition filed without leave.