Castillo v. USA, No. 2:2016cv00004 - Document 24 (N.D. Tex. 2018)
Court Description: ORDER - Adopting Findings and Recommendations and Denying Certificate of Appealability re: 22 FINDINGS, CONCLUSIONS AND RECOMMENDATION TO DENY MOTION UNDER 28 U.S.C. § 2255 TO VACATE, SET ASIDE, OR CORRECT SENTENCE BY A PERSON IN FEDERAL CUSTODY (Ordered by Judge Sidney A Fitzwater on 7/23/2018) (vls)
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Castillo v. USA Doc. 24 IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF TEXAS AMARILLO DIVISION JASON ANTHONY CASTILLO, Petitioner, v. UNITED STATES OF AMERICA, Respondent. § § § § § § § § § 2:16-CV-004-D 2:13-CR-027-D (2) ORDER After making an independent review of the pleadings, files, and records in this case and the June 28, 2018 findings, conclusions, and recommendation of the magistrate judge, the court concludes the magistrate judge’s findings and conclusions are correct. It is therefore ordered that the recommendation of the magistrate judge is adopted, and the petition for a writ of habeas corpus is denied. Considering the record in this case and pursuant to Fed. R. App. P. 22(b), Rule 11(a) of the Rules Governing Section 2255 Proceedings in the United States District Courts, and 28 U.S.C. § 2253(c), the court denies a certificate of appealability. The court adopts and incorporates by reference the magistrate judge’s findings, conclusions, and recommendation filed in this case in support of its finding that the petitioner 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 petition 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 petitioner files a notice of appeal, ( ) petitioner may proceed in forma pauperis on appeal. (X) petitioner must pay the $505.00 appellate filing fee or submit a motion to proceed in forma pauperis. SO ORDERED. July 23, 2018. _________________________________ SIDNEY A. FITZWATER UNITED STATES DISTRICT JUDGE Page 2 of 2
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