Wilson v. Davis, Director, TDCJ-CID, No. 2:2018cv00044 - Document 19 (N.D. Tex. 2018)
Court Description: ORDER Adopting re: 17 Findings and Recommendations and Denying Certificate of Appealability. (Ordered by Senior Judge Sidney A Fitzwater on 10/25/2018) (vls)
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Wilson v. Davis, Director, TDCJ-CID Doc. 19 IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF TEXAS AMARILLO DIVISION HAROLD DEAN WILSON, Petitioner, v. LORIE DAVIS, Director, Texas Department of Criminal Justice, Correctional Institutions Division, Respondent. § § § § § § § § § § § 2:18-CV-044-D ORDER After making an independent review of the pleadings, files, and records in this case, the September 25, 2018 findings, conclusions, and recommendation of the magistrate judge, and petitioner’s October 9, 2018 objection (which is confined to his contention that the magistrate judge is not authorized to make a recommendation), the court concludes the magistrate judge’s findings and conclusions are correct. It is therefore ordered that petitioner’s objection is overruled, 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 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, Dockets.Justia.com 484 (2000). 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. October 25, 2018. _________________________________ SIDNEY A. FITZWATER SENIOR JUDGE Page 2 of 2
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