Opinion
NO. 4:00-CV-0022-A
February 22, 2001
ORDER
Came on for consideration the above-captioned action wherein Billy Dale Walker is petitioner and the Texas Board of Pardons and Paroles is respondent. This is a petition for writ of habeas corpus filed pursuant to 28 U.S.C. § 2254. On January 31, 2001, the United States Magistrate Judge issued his findings, conclusions, and recommendation and ordered that the parties be granted until February 21, 2001, 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 on February 3, 2001, and on behalf of respondent on February 6, 2001. As of this date, no objections have been filed by either party. Accordingly, further appeal is waived. Thomas v. Arn, 474 U.S. 140, 150 (1985).
The court, therefore, ORDERS that the petition be, and is hereby, denied for the reasons set forth in the Magistrate Judge's findings, conclusions and recommendation, which the court hereby adopts and approves.