Opinion
No. 3:02-CV-1274-P.
April 7, 2004
FINDINGS, CONCLUSIONS AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE
Pursuant to the provisions of 28 U.S.C. § 636(b), implemented by an Order of the Court, this motion has been referred to the United States Magistrate Judge. The findings, conclusions and recommendation of the Magistrate Judge are as follows:
FINDINGS AND CONCLUSIONS:
On February 5, 2004, Plaintiff filed a motion for leave to file objections. Plaintiff objects to the Fifth Circuit Court of Appeals' "refusal" to grant his notice of appeal. Plaintiff attaches the Fifth Circuit's letter stating that Plaintiff's notice of appeal must be filed in the district court. The Court has considered Plaintiff's February 5, 2004, objections as a notice of appeal. The Fifth Circuit has docketed Plaintiff's notice of appeal. Plaintiff's motion should therefore be denied as moot. RECOMMENDATION:
For the foregoing reasons, the Court recommends that Plaintiff's motion be denied as moot.