Opinion
Civil Action No. 4:04-CV-867-Y.
March 28, 2005
ORDER ADOPTING MAGISTRATE JUDGE'S FINDINGS AND CONCLUSIONS
Before the Court is the petition for writ of habeas corpus under 28 U.S.C. § 2241 of petitioner Warren N. Rossin, along with the February 22, 2005, findings, conclusions, and recommendation ("FCR") of the United States Magistrate Judge. The magistrate judge gave the parties until March 15 to file written objections to the findings, conclusions, and recommendation. As of the date of this order, written objections have not been timely filed.
On March 22, 2005, the clerk of Court received and file-stamped a document entitled "Appeal to the District Judge Pursuant to 28 U.S.C. § 636 of the Magistrates Report and Recommendation," which was construed and docketed as written objections to the magistrate judge's findings, conclusions, and recommendation. The magistrate judge expressly extended the deadline in which written objections were to be filed until March 15, 2005. (FCR at 4.) Rossin is incarcerated, presently at FMC — Fort Worth. The "mailbox rule" applies to the filing by a pro se prisoner of written objections, such that they "must be deemed filed and served at the moment they are forwarded to prison officials for delivery to the district court." In the certificate of service accompanying the written objections in this case, Rossin certified that he placed the document in the "inmate mail system" on March 18, 2005. As Rossin certified that he did not forward the written objections to prison officials until March 18, three days beyond the March 15 extended deadline provided by the magistrate judge, his objections are untimely and will not be considered.
Thompson v. Rasberry, 993 F.2d 513, 515 (5th Cir. 1993).
The envelope containing the written objections has affixed thereto a Federal Medical Center-Fort Worth stamp indicating processing on March 19, 2005.
The Court has reviewed the pleadings and the record in this case, and has reviewed for clear error the proposed findings, conclusions and recommendation of the United States Magistrate Judge filed on February 22, 2005. The Court finds that the motion for class certification should be denied, and concludes that the petition for writ of habeas corpus should be denied, for the reasons stated in the magistrate judge's findings and conclusions.
It is therefore ORDERED that the findings, conclusions and recommendation of the magistrate judge should be, and are hereby, ADOPTED.
It is further ORDERED that petitioner Warren N. Rossin's motion for class certification [docket no. 3] be, and is hereby, DENIED.
It is further ORDERED that Warren Rossin's Petition for Writof Habeas Corpus under 28 U.S.C. § 2241 be, and is hereby, DENIED.