Joe v. Abbott et al, No. 3:2020cv03596 - Document 5 (N.D. Tex. 2021)
Court Description: Order Adopting 4 Findings and Recommendations and Denying Certificate of Appealability. (Ordered by Senior Judge Sidney A Fitzwater on 1/19/2021) (twd)
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Joe v. Abbott et al Doc. 5 Case 3:20-cv-03596-D-BN Document 5 Filed 01/19/21 Page 1 of 2 PageID 14 IN THE UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF TEXAS DALLAS DIVISION DEMARCUS KENARD JOE, TDCJ No. 1047716, Petitioner, V. DIRECTOR, TDCJ-CID, Respondent. § § § § § § § § § § No. 3:20-CV-3596-D ORDER The United States Magistrate Judge made findings, conclusions, and a recommendation in this case. No objections were filed. The undersigned district judge reviewed the proposed findings, conclusions, and recommendation for plain error. Finding none, the court adopts the findings, conclusions, and recommendation of the United States Magistrate Judge. Considering the record in this case and pursuant to Fed. R. App. P. 22(b), Rule 11(a) of the Rules Governing §§ 2254 and 2255 proceedings, 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 the petitioner 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 petition states a valid claim of the denial of a constitutional right” and “debatable 1 Dockets.Justia.com Case 3:20-cv-03596-D-BN Document 5 Filed 01/19/21 Page 2 of 2 PageID 15 whether [this court] was correct in its procedural ruling.” Slack v. McDaniel, 529 U.S.473, 484 (2000). If petitioner files a notice of appeal, ( ) (X) petitioner may proceed in forma pauperis on appeal. petitioner must pay the $505.00 appellate filing fee or submit a motion to proceed in forma pauperis. SO ORDERED. January 19, 2021. ____________________________ SIDNEY A. FITZWATER SENIOR JUDGE 2
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