Matlock v. Barnard et al, No. 3:2014cv02282 - Document 14 (N.D. Tex. 2014)
Court Description: Order Adopting Findings and Recommendations and Denying Certificate of Appealability re: 11 Findings and Recommendations on Case re: 5 Amended Complaint, filed by DeKendrick Matlock. If petitioner files a notice of appeal, petitioner must pay the $505.00 appellate filing fee or submit a motion to proceed in forma pauperis. (Ordered by Chief Judge Sidney A Fitzwater on 10/30/2014) (tla)
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Matlock v. Barnard et al Doc. 14 IN THE UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF TEXAS DALLAS DIVISION DEKENDRICK MATLOCK (TDCJ No. 1310484), Petitioner, V. WILLIAM STEPHENS, Director Texas Department of Criminal Justice Correctional Institutions Division, Respondent. § § § § § § § § § § § § No. 3:14-CV-2282-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. Considering the record in this case and pursuant to Fed. R. App. P. 22(b), Rule 11(a) of the Rules Governing §§ 2254 and 2255 proceedings, 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 Dockets.Justia.com whether [this court] was correct in its procedural ruling.” Slack v. McDaniel, 529 U.S.473, 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 30, 2014. _________________________________ SIDNEY A. FITZWATER CHIEF JUDGE
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