Floyd v. Davis-Director TDCJ-CID, No. 3:2017cv01612 - Document 19 (N.D. Tex. 2018)
Court Description: Order Adopting 17 Findings and Recommendations and Denying Certificate of Appealability re: 3 Petition for Writ of Habeas Corpus, filed by Randal Dewayne Floyd. 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 Judge Sidney A Fitzwater on 7/23/2018) (ndt)
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Floyd v. Davis-Director TDCJ-CID Doc. 19 IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF TEXAS DALLAS DIVISION RANDAL DEWAYNE FLOYD, Petitioner, v. LORIE DAVIS, Director TDCJ-CID Respondent. ) ) ) ) ) ) ) No. 3:17-CV-1612-D ORDER The United States Magistrate Judge made findings, conclusions, and a recommendation in this case. Petitioner filed objections on July 6, 2018, and the district judge has made a de novo review of those portions of the proposed findings and recommendation to which objection was made. The objections are overruled, and the court adopts the findings, conclusions, and recommendation of the United States Magistrate Judge. 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 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 $505.00 appellate filing fee or submit a motion to proceed in forma pauperis. SO ORDERED. July 23, 2018. _________________________________ SIDNEY A. FITZWATER UNITED STATES DISTRICT JUDGE 2
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