1

 Under the prison mailbox rule, a federal habeas petition is deemed filed when the prisoner delivers the petition to

prison authorities for mailing to the court. See Coleman v. Johnson, 184 F.3d 398, 401 (5th Cir. 1999). 

IN THE UNITED STATES DISTRICT COURT

FOR THE NORTHERN DISTRICT OF TEXAS

DALLAS DIVISION

J. P. WASHINGTON, ID # 1163427, )

Petitioner, )

vs. ) No. 3:05-CV-1932-N (BH)

 ) ECF

NATHANIEL QUARTERMAN, Director, ) Referred to U.S. Magistrate Judge

Texas Department of Criminal )

Justice, Correctional Institutions Division, )

Respondent. )

FINDINGS AND RECOMMENDATION OF THE

UNITED STATES MAGISTRATE JUDGE

Pursuant to the provisions of 28 U.S.C. § 636(b), and an Order of Reference dated

November 15, 2007, subject cause has previously been referred to the United States Magistrate

Judge. The findings, conclusions, and recommendation of the Magistrate Judge are as follows:

I. BACKGROUND

On July 11, 2007, the Fifth Circuit Court of Appeals remanded this case for determination

of whether petitioner’s Notice of Appeal was delivered to prison officials for mailing on or before

April 23, 2007. By Order of Reference dated November 15, 2007, the matter was referred to the

undersigned Magistrate Judge for findings and recommendations.

To ascertain whether petitioner timely filed the notice, petitioner was sent a questionnaire

requesting that he provide the date he deposited the notice in the internal mail system of his

institution.1

 Petitioner responded and verified that he placed his Notice of Appeal in the prison mail

system on April 18, 2007. Using that date as the date of filing, it appears that petitioner timely filed

his notice of appeal. That date is not necessarily inconsistent with the date this Court received the
2

Notice of Appeal on May 1, 2007, and it is entirely consistent with a certificate of inmate trust

account dated April 18, 2007, that accompanied petitioner’s application to proceed in forma pauperis

on appeal, which was also received on May 1, 2007. 

II. RECOMMENDATION

For the foregoing reasons, it is RECOMMENDED that the Court find that petitioner timely

filed his notice of appeal by placing it in the prison mail system on April 18, 2007; notify the Fifth

Circuit Court of Appeals of that finding; and return the case to the Fifth Circuit for further

proceedings as may be appropriate. 

SIGNED this 29th day of November, 2007. 

 ___________________________________

 IRMA CARRILLO RAMIREZ

 UNITED STATES MAGISTRATE JUDGE

INSTRUCTIONS FOR SERVICE AND

NOTICE OF RIGHT TO APPEAL/OBJECT

The United States District Clerk shall serve a copy of these findings, conclusions, and recommendation on all parties by mailing a copy to each of them. Pursuant to 28 U.S.C. § 636(b)(1), any

party who desires to object to these findings, conclusions, and recommendation must file and serve

written objections within ten days after being served with a copy. A party filing objections must specifically identify those findings, conclusions, or recommendation to which objections are being made.

The District Court need not consider frivolous, conclusory or general objections. Failure to file

written objections to the proposed findings, conclusions, and recommendation within ten days after

being served with a copy shall bar the aggrieved party from appealing the factual findings and legal

conclusions of the Magistrate Judge that are accepted by the District Court, except upon grounds

of plain error. Douglass v. United Servs. Auto Ass’n, 79 F.3d 1415, 1428-29 (5th Cir. 1996) (en banc).

 ___________________________________

 IRMA CARRILLO RAMIREZ

 UNITED STATES MAGISTRATE JUDGE