Johnson v. Davis-Director TDCJ-CID, No. 3:2017cv01887 - Document 7 (N.D. Tex. 2017)
Court Description: Order Accepting 4 Findings and Recommendations and Denying Certificate of Appealability on Case re: 3 Petition for Writ of Habeas Corpus, filed by Morris Landon Johnson. 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. (Ordered by Judge Jane J. Boyle on 8/15/2017) (epm)
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Johnson v. Davis-Director TDCJ-CID Doc. 7 UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF TEXAS DALLAS DIVISION MORRIS LANDON JOHNSON, ID #1877943, Petitioner, vs. Unnamed Respondent ) ) ) ) ) ) No. 3:17-CV-1887-B Referred to U.S. Magistrate Judge 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, this action, based on the petitioner’s motion for an extension of time to file a federal habeas petition under 28 U.S.C. § 2254, is DISMISSED for lack of jurisdiction. 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 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 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 15th day of August , 2017. _________________________________ JANE J. BOYLE UNITED STATES DISTRICT JUDGE 2
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