Opinion
No. 4:01-CV-0701-A.
April 8, 2002.
ORDER
Came on for consideration the above-captioned action wherein Khai Quang Tran Truong 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. § 2254. On March 15, 2002, the United States Magistrate Judge issued his findings, conclusions, and recommendation and ordered that the parties be granted until April 5, 2002, in which to file, and not merely place in the mail, written objections thereto. Copies of the findings, conclusions, and recommendation were sent to petitioner and respondent by certified mail, return receipt requested. Return receipts have been received by the Clerk and placed in the file. Such receipts reflect that copies were received on behalf of petitioner and on behalf of respondent on March 20, 2002. 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 with prejudice as untimely.
FINAL JUDGMENT
In accordance with the court's order of even date herewith,
The court ORDERS, ADJUDGES and DECREES that the petition of Khai Quang Tran Truong for writ of habeas corpus pursuant to 28 U.S.C. § 2254 be, and is hereby, dismissed with prejudice as untimely.