Balzan v. United States of America, No. 3:2013cv01370 - Document 14 (N.D. Tex. 2013)

Court Description: Order Adopting Findings, Conclusions and Recommendation and Denying Certificate of Appealability re: 12 Findings and Recommendations on Case re: 3 Petition for Writ of Habeas Corpus, filed by Tanci Issa Balzan. (Ordered by Chief Judge Sidney A Fitzwater on 7/26/2013) (ndt)

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Balzan v. United States of America Doc. 14 IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF TEXAS DALLAS DIVISION TANCI ISSA BALZAN, #42495-177, also known as Tanci Balzan Issa, Petitioner, v. UNITED STATES OF AMERICA, Respondent. § § § § § § § § 3:13-CV-1370-D ORDER After making an independent review of the pleadings, files, and records in this case, and the findings, conclusions, and recommendation of the magistrate judge, the court concludes that the findings and conclusions are correct. It is therefore ordered that the findings, conclusions, and recommendation of the magistrate judge are adopted, the petition for writ of habeas corpus is denied, and petitioner is barred from filing habeas corpus actions in this court without first seeking leave to file from a district or magistrate judge of this court. Because petitioner filed his petition under 28 U.S.C. § 2241, he is not required to obtain a certificate of appealability in the event of an appeal. See Padilla v. United States, 416 F.3d 424, 425 (5th Cir. 2005) (per curiam). The court certifies, however, that any appeal would not be taken in good faith. See 28 U.S.C. § 1915(a)(3). In support of this finding, the court adopts and incorporates by reference the magistrate judge’s findings, conclusions, and recommendation. See Baugh v. Taylor, 117 F.3d 197, 202 n.21 (5th Cir. 1997). Based on the findings and recommendation, the court finds and concludes that any appeal of this action would present no legal point of arguable Dockets.Justia.com merit and would, therefore, be frivolous. See Howard v. King, 707 F.2d 215, 220 (5th Cir. 1983). SO ORDERED. July 26, 2013. _________________________________ SIDNEY A. FITZWATER CHIEF JUDGE -2-

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