Opinion
NO. 4:03-CV-940-A
February 2, 2004
ORDER
Came on for consideration the above-captioned action wherein Jeffrey Wayne Prichard 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 December 30, 2003, the United States Magistrate Judge issued his proposed findings, conclusions, and recommendation, and ordered that the parties file objections, if any, thereto by January 20, 2004. On January 22, 2004, 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).
Although petitioner's objections were filed late, the court has considered them in light of the above standard and finds that they are without merit. Petitioner has not objected to the magistrate judge's conclusion that his petition should be dismissed for failure to exhaust state remedies. Therefore,
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 without prejudice.