Box v. Thaler, Director TDCJ-CID

Filing 6

Order Accepting 4 Findings and Recommendation of the United States Magistrate Judge. (Ordered by Judge Ed Kinkeade on 5/8/2013) (axm)

IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF TEXAS
DALLAS DIVISION

TIMOTHY BOX, #1771236,
Petitioner,

§
§
§
v.
§
§
RICK THALER, Director,
§
Texas Department of Criminal Justice, §
Correctional Institutions Div.,
§
Respondent.
§

3:13-CV-1613-K

ORDER ACCEPTING FINDINGS, CONCLUSIONS AND RECOMMENDATION
OF THE UNITED STATES MAGISTRATE JUDGE

The United States Magistrate Judge made findings, conclusions and a
recommendation in this case. Petitioner filed objections, and the District Court has
made a de novo review of those portions of the proposed Findings, Conclusions and
Recommendation to which objection was made. The objections are overruled, and the
Court ACCEPTS the Findings, Conclusions and Recommendation of the United States
Magistrate Judge.
Therefore, the habeas action is ADMINISTRATIVELY CLOSED. Alternatively,
this action is hereby DISMISSED for failure to exhaust state court remedies. See 28

U.S.C. § 2254(b) and (c).
The Court cautions Petitioner that the 1996 amendments to the habeas corpus
statute impose a one-year statute of limitations for filing habeas corpus petitions in

federal court, see 28 U.S.C. § 2244(d), and that this provision is applicable to this
petition as well as to any other petition that he may file in this court. Petitioner should
act diligently and expediently in seeking habeas corpus relief in both state and federal
court.
The Clerk of the Court is directed to provide to Petitioner a copy of the petition
for Discretionary Review he initially submitted (Doc. 3). Petitioner is advised that he
must file his petition for Discretionary Review himself with the appropriate state Court.
This Court will not forward his petition for Discretionary Review to the state court for
filing.
SO ORDERED.
Signed this 8th day of May, 2013.

_________________________________
ED KINKEADE
UNITED STATES DISTRICT JUDGE