Lyon v. Stephens, Director TDCJ-CID, No. 3:2013cv04600 - Document 7 (N.D. Tex. 2013)
Court Description: Order Accepting Findings and Recommendations and Denying Certificate of Appealability re: 5 Findings and Recommendations on Case re: 1 Petition for Writ of Habeas Corpus, filed by Edwin Kenner Lyon. (Ordered by Judge Jorge A Solis on 12/30/2013) (chmb)
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Lyon v. Stephens, Director TDCJ-CID Doc. 7 IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF TEXAS DALLAS DIVISION EDWIN KENNER LYON, #1463298 Petitioner, v. WILLIAMS STEPHENS, Director TDCJ-CID, Respondent. § § § § § § § § 3:13-CV-4600-P-BK 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. No objections were filed. The District Court reviewed the proposed Findings, Conclusions, and Recommendation for plain error. Finding none, the Court ACCEPTS the Findings, Conclusions, and Recommendation of the United States Magistrate. IT IS THEREFORE ORDERED that the successive habeas petition is TRANSFERRED to the United States Court of Appeals for the Fifth Circuit. See 28 U.S.C. ' 2244(b)(3). Considering the record in this case and pursuant to Federal Rule of Appellate Procedure 22(b), Rule 11(a) of the Rules Governing Sections 2254 and 2255 Proceedings in the United States District Court, 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 $455.00 appellate filing fee (which will increase to $505.00 on December 1, 2013) or submit a motion to proceed in forma pauperis. SO ORDERED this 30th day of December, 2013.
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