Wilson v. The State of Texas, No. 3:2021cv00349 - Document 24 (N.D. Tex. 2022)
Court Description: Order Accepting 23 Findings and Recommendations of the United States Magistrate Judge and Denying Certificate of Appealability. On 3/15/2021, Petitioner was granted leave to proceed in forma pauperis. That status will carry over on appeal. (Ordered by Judge Ed Kinkeade on 11/17/2022) (sxf)
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Wilson v. The State of Texas Doc. 24 Case 3:21-cv-00349-K-BT Document 24 Filed 11/17/22 Page 1 of 2 PageID 1192 IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF TEXAS DALLAS DIVISION GLADSTON EDWARD WILSON, #2153710 Petitioner, v. THE STATE OF TEXAS, et al., Respondents. § § § § § § § § No. 3:21-cv-00349-K (BT) ORDER ACCEPTING FINDINGS AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE AND DENYING CERTIFICATE OF APPEALBILITY 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 November 2, 2022, 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. 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 Dockets.Justia.com Case 3:21-cv-00349-K-BT Document 24 Filed 11/17/22 Page 2 of 2 PageID 1193 support of its finding that the 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 “debatable whether [this Court] was correct in its procedural ruling.” Slack v. McDaniel, 529 U.S. 473, 484 (2000). On March 15, 2021, Petitioner was granted leave to proceed in forma pauperis. That status will carry over on appeal. SO ORDERED. Signed November 17th, 2022. _____________________________________ ED KINKEADE UNITED STATES DISTRICT JUDGE 2
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