Robertson v. USA, No. 3:2019cv02902 - Document 10 (N.D. Tex. 2020)
Court Description: Order Accepting Findings and Recommendations and Denying Certificate of Appealability. (Ordered by Judge Jane J. Boyle on 4/22/2020) (svc)
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Robertson v. USA Doc. 10 Case 3:19-cv-02902-B-BH Document 10 Filed 04/22/20 Page 1 of 2 PageID 89 UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF TEXAS DALLAS DIVISION BLAKE ROBERTSON, ID # 47927-177, Movant, vs. UNITED STATES OF AMERICA, Respondent. ) ) ) ) ) ) ) No. 3:19-CV-2902-B (BH) No. 3:14-CR-63-B-1 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, by separate judgment, the amended motion to vacate, set aside or correct sentence filed under 28 U.S.C. § 2255 will be DENIED with prejudice as time-barred. 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 movant 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 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). Dockets.Justia.com Case 3:19-cv-02902-B-BH Document 10 Filed 04/22/20 Page 2 of 2 PageID 90 If the movant 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 22ndday of April, 2020. _________________________________ JANE J. BOYLE UNITED STATES DISTRICT JUDGE 2
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