Jamerson v. Director, TDCJ-CID, No. 3:2021cv01688 - Document 31 (N.D. Tex. 2023)

Court Description: Order Accepting 23 Findings and Recommendations and Denying Certificate of Appealability e re: 3 Petition for Writ of Habeas Corpus filed by Anthony Dewayne Jamerson. (Ordered by Judge Ada Brown on 3/2/2023) (ndt)

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Jamerson v. Director, TDCJ-CID Doc. 31 Case 3:21-cv-01688-E-BT Document 31 Filed 03/02/23 Page 1 of 2 PageID 1394 IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF TEXAS DALLAS DIVISION ANTHONY DEWAYNE JAMERSON, #02259378, Petitioner, v. DIRECTOR, TDCJ-CID, Respondent. § § § § § § § § No. 3:21-cv-01688-E (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 December 29, 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. Moreover, considering the record in this case and pursuant to Federal Rule of Appellate Procedure 22(b), 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 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 Dockets.Justia.com Case 3:21-cv-01688-E-BT Document 31 Filed 03/02/23 Page 2 of 2 PageID 1395 “debatable 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, he must pay the $505.00 appellate filing fee or submit a motion to proceed in forma pauperis. SO ORDERED: March 2, 2023 Ada Brown UNITED STATES DISTRICT JUDGE 2

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