Opinion
NO. 4:01-CV-0581-A
September 6, 2001
ORDER
Came on for consideration the above-captioned action wherein Patrick Sanders is petitioner and Janie Cockrell, Director, Texas Department of Criminal Justice, Institutional Division, is respondent. This is a petition for writ of habeas corpus filed pursuant to 28 U.S.C. \sc\ 2254. On August 15, 2001, the United States Magistrate Judge issued his findings, conclusions, and recommendation and ordered that petitioner be granted until September 5, 2001, in which to file, and not merely place in the mail, written objections thereto. A copy of the findings, conclusions, and recommendation was mailed to petitioner. To date, no objections have been filed. Because timely objections have not been filed, further appeal is waived. Thomas v. Arn, 474 U.S. 140, 150 (1985). Therefore, the court accepts the findings, conclusions, and recommendation of the United States Magistrate Judge.
The court ORDERS that the petition be, and is hereby, dismissed as a successive one filed without leave of the United States Court of Appeals for the Fifth Circuit.