Galvan v. USA, No. 3:2019cv00917 - Document 40 (N.D. Tex. 2022)
Court Description: Order Accepting 38 Findings and Recommendations and Denying Certificate of Appealability re: 2 Motion to Vacate under 28 U.S.C. 2255, filed by Enrique Galvan. (Ordered by Chief Judge Barbara M. G. Lynn on 4/26/2022) (ndt)
Download PDF
<![CDATA[
Galvan v. USA Doc. 40 Case 3:19-cv-00917-M-BT Document 40 Filed 04/26/22 Page 1 of 1 PageID 495 IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF TEXAS DALLAS DIVISION ENRIQUE GALVAN, Movant, v. UNITED STATES OF AMERICA, Respondent. § § § § § § § No. 3:19-cv-00917-M (BT) No. 3:17-cr-00456-M-1 ORDER ACCEPTING FINDINGS AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE The Court has taken under consideration the Findings, Conclusions, and Recommendation of United States Magistrate Judge Rebecca Rutherford dated March 31, 2022. The Court has made a de novo review of those portions of the Findings, Conclusions, and Recommendation to which objections were made. IT IS, THEREFORE, ORDERED that the Findings, Conclusions, and Recommendation of the United States Magistrate Judge are accepted, and the objections are overruled. Considering the record in this case, 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 Movant 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 [motion] 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). SO ORDERED this 26th day of April, 2022. Dockets.Justia.com
]]>
Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You
should read the full case before relying on it for legal research purposes.
This site is protected by reCAPTCHA and the Google
Privacy Policy and
Terms of Service apply.
