Bellamy v. Collier, No. 3:2016cv02734 - Document 16 (N.D. Tex. 2018)
Court Description: Order Accepting 14 Findings and Recommendations and Denying Certificate of Appealability on Case re: 3 Petition for Writ of Habeas Corpus. The petition for habeas corpus filed pursuant to 28 U.S.C. § 2254 is DISMISSED for lack of subject matter jurisdiction as to the conviction in No. F11-18959, and DENIED with prejudice as to the conviction in No. F15-17933. (Ordered by Judge Jane J. Boyle on 9/4/2018) (epm)
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Bellamy v. Collier Doc. 16 UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF TEXAS DALLAS DIVISION RICKEY GLENN BELLAMY, ID # 2078558, Petitioner, vs. BRYAN COLLIER, Executive Director, Texas Department of Criminal Justice, Respondent. ) ) ) ) ) ) ) ) ) No. 3:16-CV-2734-B ORDER ACCEPTING FINDINGS AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE After reviewing all relevant matters of record in this case, including the Findings, Conclusions, and Recommendation of the United States Magistrate Judge and any objections thereto, in accordance with 28 U.S.C. § 636(b)(1), the Court is of the opinion that the Findings and Conclusions of the Magistrate Judge are correct and they are accepted as the Findings and Conclusions of the Court. For the reasons stated in the Findings, Conclusions, and Recommendation of the United States Magistrate Judge, the petition for habeas corpus filed pursuant to 28 U.S.C. § 2254 is DISMISSED for lack of subject matter jurisdiction as to the conviction in No. F11-18959, and DENIED with prejudice as to the conviction in No. F15-17933. In accordance with Fed. R. App. P. 22(b) and 28 U.S.C. § 2253(c) and after considering the record in this case and the recommendation of the Magistrate Judge, petitioner is DENIED a Certificate of Appealability. The Court adopts and incorporates by reference the Magistrate Judge’s Findings, Conclusions and Recommendation 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 Dockets.Justia.com 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). If the petitioner files a notice of appeal, he must pay the $505.00 appellate filing fee or submit a motion to proceed in forma pauperis and a properly signed certificate of inmate trust account. SIGNED this 4th day of September, 2018. _________________________________ JANE J. BOYLE UNITED STATES DISTRICT JUDGE 2
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