Mendez Garcia v. Director, TDCJ-CID, No. 3:2020cv01390 - Document 26 (N.D. Tex. 2022)
Court Description: Order Accepting 23 Findings and Recommendations and Denying Certificate of Appealability. On 6/11/2020, this Court granted Petitioner leave to proceed in forma pauperis. His in forma pauperis status will carry over on appeal. (Ordered by Chief District Judge David C Godbey on 11/18/2022) (axm)
Download PDF
<![CDATA[
Mendez Garcia v. Director, TDCJ-CID Doc. 26 IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF TEXAS DALLAS DIVISION SAMMY MENDEZ GARCIA, #675975 Petitioner, v. DIRECTOR, TDCJ-CID, Respondent. § § § § § § § § No. 3:20-cv-01390-N (BT) ORDER ACCEPTING FINDINGS AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE After making an independent review of the pleadings, files and records in this case, and the Findings, Conclusions, and Recommendation of the United States Magistrate Judge dated October 26, 2022, including de novo review of those portions to which objection was made, the Court finds that the Findings and Recommendation of the Magistrate Judge are correct, and they are accepted as the Findings, Conclusions, and Recommendation of the Court. IT IS, THEREFORE, ORDERED that the Findings, Conclusions, and Recommendation of the United States Magistrate Judge are accepted. Moreover, considering the record in this case and pursuant to Federal Rule of Appellate Procedure 22(b) and Rule 11(a) of the Rules Governing Section 2254 Proceedings in the United States District Court, 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 Petitioner has failed to show that (1) reasonable jurists would find this Court’s “assessment of the constitutional claims debatable or wrong,” or (2) reasonable jurists would find “it debatable whether the petition states a valid claim of the denial of a constitutional right” and Dockets.Justia.com “debatable whether [this Court] was correct in its procedural ruling.” Slack v. McDaniel, 529 U.S. 473, 484 (2000). On June 11, 2020, this Court granted Petitioner leave to proceed in forma pauperis. His in forma pauperis status will carry over on appeal. SO ORDERED this 18th day of November, 2022. ________________________________ DAVID C. GODBEY CHIEF JUDGE 2
]]>
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.
