Rolan v. Gordy, No. 3:2020cv03162 - Document 11 (N.D. Tex. 2020)
Court Description: Order Adopting 9 Findings and Recommendations and Denying Certificate of Appealability re: 1 Petition for Writ of Habeas Corpus, filed by Steven Rolan. (Ordered by Senior Judge Sam R Cummings on 11/2/2020) (ndt)
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Rolan v. Gordy Doc. 11 IN THE LINITED STATES DISTzuCT COURT FOR THE NORTHERN DISTRICT OF TEXAS DALLAS DIVISION STEVEN ROLAN. ) ) Petitioner, ) ) ) ) BRYAN GORDY, Warden, Respondent. ) ) ) Civil Action No. 3:20-CV-3 I 62-C-BN ORDER Before the Court are the Findings, Conclusions, and Recommendation of the United States Magistrate Judge therein advising the Court that Petitioner's habeas petition, construed as being brought under 28 U.S.C. $ 2241, should be dismissed without prejudice to Petitioner's right to pursue available state court remedies.r The Court conducts a de novo review ofthose portions ofthe Magistrate Judge's report or specified proposed findings or recommendations to which a timely objection is made. 28 U.S.C. $ 636(bX1XC). Portions ofthe report or proposed findings or recommendations that are not the subject ofa timely objection will be accepted by the Court unless they are clearly erroneous or contrary to law. See Unired States v. IYilson, 864 F .2d 1219, 1221 (5th Cir. 1989). After due consideration and having conducted a de novo review, the Court finds that Petitioner's objections should be OVERRULED. The Court has further conducted an independent review ofthe Magistrate Judge's findings and conclusions and finds no error. It is I Petitioner filed objections to the Magistrate Judge's Findings, Conclusions, and Recommendation on October 30,2020. See Doc. 10. Dockets.Justia.com therefore ORDERED that the Findings, Conclusions, and Recommendation are hereby ADOPTED as the findings and conclusions of the Court. For the reasons stated therein, Petitioner's habeas petition, construed as being brought under 28 U.S.C. $ 2241, is DISMISSED without prejudice. All relief not expressly granted herein is DENIED. Pursuant to Rule 22 ofthe Federal Rules of Appellate Procedure and 28 U.S.C. $ 2253(c), this Court finds that a certificate of appeatability is DENIED. The Court adopts and incorporates by reference the Magistrate Judge's Findings, Conclusions, and Recommendation in support of its finding that Petitioner has failed to show that a reasonable jurist would find: (1) this Court's "assessment of the constitutional claims debatable or wrong," or (2) "it debatable whether the petition states a valid claim ofthe denial ofa constitutional right" and "debatable whether [this Court] was correct in its procedura I SO ORDIIRIID this .1 gulinC;' Sl a c k v. Mc D a n i e l, 529 U.S. 47 3, 484 (2000). day o1'November. 2020 GS OR I'I'I]I) S'I'A I 2 DISTRICl' .]IJDGE
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