Opinion
CIVIL ACTION NO. 4:02-CV-1010-Y.
June 26, 2003.
ORDER ADOPTING MAGISTRATE JUDGE'S FINDINGS AND CONCLUSIONS (With Special Instructions to Clerk of the Court)
In this action brought by petitioner Stephen Dee Zerschausky Jr. under 28 U.S.C. § 2254, the Court has made an independent review of the following matters in the above-styled and numbered cause:
1. The pleadings and record;
2. The proposed findings, conclusions, and recommendation of the United States Magistrate Judge filed on May 19, 2003;
3. The Respondent's written objections to the proposed findings, conclusions and recommendation of the United States Magistrate Judge filed on June 2, 2003; and
4. The Petitioner's written objections to the proposed findings, conclusions and recommendation of the United States Magistrate Judge filed on June 23, 2003.
As Zerschausky certified that he placed the objections in the prison mail box on June 16th, they are deemed timely filed under the mailbox rule. See generally Thompson v. Raspberry, 993 F.2d 513, 515 (5th Cir. 1993) (holding that a pro se prisoner's written objections must be deemed filed at the moment they are forwarded to prison officials for delivery to the district court).
The Court, after de novo review, finds and determines that both the objections of respondent Cockrell and of petitioner Zerschausky must be overruled, and that the petition for writ of habeas corpus should be denied for the reasons stated in the magistrate judge's findings and conclusions.
It is therefore ORDERED that the findings, conclusions, and recommendation of the magistrate judge should be, and are hereby, ADOPTED.
It is further ORDERED that Zerschausky's Petition for Writ of Habeas Corpus be, and is hereby, DENIED.
It is further ORDERED that the clerk of the Court shall transmit a copy of this order to Zerschausky by certified mail, return receipt requested.