Taylor v. Davis-Director TDCJ-CID, No. 2:2016cv00242 - Document 18 (N.D. Tex. 2018)
Court Description: ORDER Adopting Findings and Recommendations and Denying Certificate of Appealability re: 16 Findings and Recommendations on Case (Ordered by Judge Sidney A Fitzwater on 8/28/2018) (vls)
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Taylor v. Davis-Director TDCJ-CID Doc. 18 IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF TEXAS AMARILLO DIVISION RORY DARNELL TAYLOR, Petitioner, v. LORIE DAVIS, Director, Texas Department of Criminal Justice, Correctional Institutions Division, Respondent. § § § § § § § § § § § 2:16-CV-242-D ORDER After making an independent review of the pleadings, files, and records in this case, the August 8, 2018 findings, conclusions, and recommendation of the magistrate judge, and petitioner’s August 20, 2018 objections, the court concludes the magistrate judge’s findings and conclusions are correct. It is therefore ordered that petitioner’s objections are overruled, the recommendation of the magistrate judge is adopted, and the petition for a writ of habeas corpus is dismissed in part and denied in part. Considering the record in this case and pursuant to Fed. R. App. P. 22(b), Rule 11(a) of the Rules Governing Section 2254 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. August 28, 2018. _________________________________ SIDNEY A. FITZWATER UNITED STATES DISTRICT JUDGE Page 2 of 2
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