Opinion
No. 4:02-CV-194-A
September 11, 2002
ORDER
Came on for consideration the above-captioned action wherein Jason Scott Ewald 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 August 19, 2002, the United States Magistrate Judge issued his findings, conclusions, and recommendation and ordered that the parties be granted until September 9, 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. A return receipt was received by the Clerk and placed in the file, reflecting that a copy was received on behalf of respondent on August 23, 2002. The copy sent to petitioner was returned undelivered; petitioner already discharged his sentence and failed to update his mailing address with the Clerk's Office.
Because petitioner did not file timely objections, further appeal is waived. Thomas v. Am, 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 moot.