Suarez-Rangel v. USA, No. 3:2019cv02686 - Document 13 (N.D. Tex. 2020)
Court Description: Order Accepting Findings and Recommendations and Denying Certificate of Appealability re: 12 Findings and Recommendations on Motion re: 9 Motion to Dismiss, Motion to Appoint Counsel filed by Adilene Suarez-Rangel. (Ordered by Judge Jane J. Boyle on 8/31/2020) (svc)
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Suarez-Rangel v. USA Doc. 13 Case 3:19-cv-02686-B-BH Document 13 Filed 08/31/20 Page 1 of 2 PageID 52 UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF TEXAS DALLAS DIVISION ADILENE SUAREZ-RANGEL, ID # 56107-177, Movant, vs. UNITED STATES OF AMERICA, Respondent. § § § § § § § § No. 3:19-CV-2686-B-BH No. 3:17-CR-341-B(13) 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 Motion to Dismiss under 28 U.S.C. Section 2255 Without Prejudice, received on June 18, 2020 (doc. 9), is GRANTED. By separate judgment, the motion to vacate under § 2255 will be DISMISSED without prejudice. 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, the Court DENIES the movant a Certificate of Appealability.1 Rule 11 of the Rules Governing §§ 2254 and 2255 Cases, as amended effective on December 1, 2009, reads as follows: (a) Certificate of Appealability. The district court must issue or deny a certificate of appealability when it enters a final order adverse to the applicant. Before entering the final order, the court may direct the parties to submit arguments on whether a certificate should issue. If the court issues a certificate, the court must state the specific issue or 1 Dockets.Justia.com Case 3:19-cv-02686-B-BH Document 13 Filed 08/31/20 Page 2 of 2 PageID 53 In the event that movant files a notice of appeal, she must pay the $505.00 appellate filing fee or submit a motion to proceed in forma pauperis that is accompanied by a properly signed certificate of inmate trust account. SIGNED this 31st day of August, 2020. _________________________________ JANE J. BOYLE UNITED STATES DISTRICT JUDGE issues that satisfy the showing required by 28 U.S.C. § 2253(c)(2). If the court denies a certificate, the parties may not appeal the denial but may seek a certificate from the court of appeals under Federal Rule of Appellate Procedure 22. A motion to reconsider a denial does not extend the time to appeal. (b) Time to Appeal. Federal Rule of Appellate Procedure 4(a) governs the time to appeal an order entered under these rules. A timely notice of appeal must be filed even if the district court issues a certificate of appealability.
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