Sah v. USA, No. 3:2022cv01688 - Document 25 (N.D. Tex. 2024)

Court Description: Order Accepting 23 Findings and Recommendations and Denying Certificate of Appealability. (Ordered by Judge Karen Gren Scholer on 2/22/2024) (ndt)

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Sah v. USA Doc. 25 United States District Court NORTHERN DISTRICT OF TEXAS DALLAS DIVISION DINESHSAH V. UNITED STATES OF AMERICA § § § § § CIVIL ACTION NO. 3 :22-CV-1688-S-BT 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. Objections were filed. The Court reviewed de novo those portions of the proposed Findings, Conclusions, and Recommendation to which objection was made, and reviewed the remaining proposed Findings, Conclusions, and Recommendation for plain error. Finding no error, the Court ACCEPTS the Findings, Conclusions, and Recommendation of the United States Magistrate Judge. Moreover, considering the record in this case, the Court DENIES a certificate of appealability. The Court adopts and incorporates by reference Findings, Conclusions, and Recommendation of the United States Magistrate Judge filed in this case in support of its finding that Movant has failed to show (1) that reasonable jurists would find this Court's "assessment of the constitutional claims debatable or wrong," or (2) that reasonable jurists would find "it debatable whether the [motion] states a valid claim of the denial of a constitutional right" and "debatable whether [this Court] was correct in its procedural ruling." Slack v. McDaniel, 529 U.S. 473, 484 (2000). Dockets.Justia.com If Movant files a notice of appeal, he must pay the $505.00 appellate filing fee or submit a motion to proceed in forma pauperis. SO ORDERED. SIGNED February 22, 2024. 2

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