Opinion
NO. 4:00-CV-0491-A
May 18, 2001
ORDER
Came on for consideration the above-captioned action wherein Benny Levi Cooper is petitioner and Gary L. Johnson, 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 April 25, 2001, the United States Magistrate Judge issued his findings, conclusions, and recommendation and ordered that the parties be granted until May 17, 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. The copy that was sent to petitioner was returned to the Clerk, the envelope marked "Moved Left No Address." Petitioner has not apprised the court of a new address. A return receipt from the office of the Attorney General reflects receipt on behalf of respondent on May 1, 2001. 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, denied.