Rosenblatt v. USA, No. 3:2021cv01561 - Document 14 (N.D. Tex. 2022)
Court Description: Order Accepting 12 Findings and Recommendations and Denying Certificate of Appealability re: 2 Motion to Vacate under 28 U.S.C. 2255 filed by Alexander Rosenblatt. (Ordered by Judge Barbara M. G. Lynn on 12/27/2022) (ndt)
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Rosenblatt v. USA Doc. 14 Case 3:21-cv-01561-M-BT Document 14 Filed 12/27/22 Page 1 of 1 PageID 103 IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF TEXAS DALLAS DIVISION ALEXANDER ROSENBLATT, #55609-177 Movant, v. UNITED STATES OF AMERICA, Respondent. § § § § § § § § No. 3:21-cv-01561-M (BT) No. 3:17-cr-00202-M-1 ORDER ACCEPTING FINDINGS AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE The Court has taken under consideration the Findings, Conclusions, and Recommendation of United States Magistrate Judge Rebecca Rutherford dated November 28, 2022. The Court has reviewed the Findings, Conclusions, and Recommendation for plain error and has found none. IT IS, THEREFORE, ORDERED that the Findings, Conclusions, and Recommendation of the United States Magistrate Judge are accepted. Considering the record in this case, 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 Movant has failed to show (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 [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). SO ORDERED this 27th day of December, 2022. Dockets.Justia.com
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