Opinion
No. 4:02-CV-864-A
April 16, 2003
ORDER
Came on for consideration the above-captioned action wherein Darron Dwayne Wynn 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 24, 2003, the United States Magistrate Judge issued his proposed findings, conclusions, and recommendation ("Proposed FCR"), and ordered that the parties file objections, if any, thereto by April 14, 2003. On April 15, 2003, petitioner filed his written objections ("Objections"). Respondent has not made any further response. In accordance with 28 U.S.C. § 636(b)(1) and Rule 72 of the Federal Rules of Civil Procedure, the court makes a de novo determination of those portions of the proposed findings or recommendations to which specific objection is made. United States v. Raddatz, 447 U.S. 667 (1980). The court is not addressing any nonspecific objections or any frivolous or conclusory objections. Battle v. United States Parole Comm'n, 834 F.2d 419, 421 (5th Cir. 1987).
The court is considering petitioner's Objections even though he filed them late. See generally Spotville v. Cain, 149 F.3d 374, 377 (5th Cir. 1998).
The court, after having generously interpreted petitioner's Objections as the type contemplated by 28 U.S.C. § 636(b), concludes that the Objections lack merit. Therefore,
The court accepts the proposed FCR of the magistrate judge, and ORDERS that the petition in this action be, and is hereby, denied.