Jones v. State of Texas, No. 3:2022cv01521 - Document 6 (N.D. Tex. 2022)
Court Description: ORDER ACCEPTING FINDINGS AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE and Denying Certificate of Appealability re: 5 Findings and Recommendations on Case re: 3 Complaint filed by Justin Jones. (Ordered by Judge Jane J Boyle on 11/28/2022) (svc)
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Jones v. State of Texas Doc. 6 Case 3:22-cv-01521-B-BH Document 6 Filed 11/28/22 Page 1 of 2 PageID 21 UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF TEXAS DALLAS DIVISION JUSTIN JONES, #1887186, Petitioner, vs. STATE OF TEXAS, Respondent. ) ) ) ) ) ) No. 3:22-CV-1521-B-BH ORDER ACCEPTING FINDINGS AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE After reviewing all relevant matters of record in this case, including the Findings, Conclusions, and Recommendation of the United States Magistrate Judge and any objections thereto, in accordance with 28 U.S.C. § 636(b)(1), the Court is of the opinion that the Findings and Conclusions of the Magistrate Judge are correct and they are accepted as the Findings and Conclusions of the Court. By separate judgment, this case will be dismissed for failure to prosecute or comply with court orders. In accordance with Fed. R. App. P. 22(b) and 28 U.S.C. § 2253(c) and after considering the record in this case and the recommendation of the Magistrate Judge, the petitioner is DENIED a Certificate of Appealability, to the extent required because the underlying action for this case is criminal in nature. The Court adopts and incorporates by reference the Magistrate Judge's Findings, Conclusions, and Recommendation 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 whether [this Court] was correct in its Dockets.Justia.com Case 3:22-cv-01521-B-BH Document 6 Filed 11/28/22 Page 2 of 2 PageID 22 procedural ruling.” Slack v. McDaniel, 529 U.S. 473, 484 (2000).1 In the event that the petitioner files a notice of appeal, he must pay the $505.00 appellate filing fee or submit a motion to proceed in forma pauperis that is accompanied by a properly signed certificate of inmate trust account. SIGNED this 28, day of November, 2022. _________________________________ JANE J. BOYLE UNITED STATES DISTRICT JUDGE 1 Rule 11 of the Rules Governing Section 2254 Cases in the United States District Courts, as amended effective on December 1, 2019, reads as follows: (a) Certificate of Appealability. The district court must issue or deny a certificate of appealability when it enters a final order adverse to the applicant. Before entering the final order, the court may direct the parties to submit arguments on whether a certificate should issue. If the court issues a certificate, the court must state the specific issue or issues that satisfy the showing required by 28 U.S.C. § 2253(c)(2). If the court denies a certificate, the parties may not appeal the denial but may seek a certificate from the court of appeals under Federal Rule of Appellate Procedure 22. A motion to reconsider a denial does not extend the time to appeal. (b) Time to Appeal. Federal Rule of Appellate Procedure 4(a) governs the time to appeal an order entered under these rules. A timely notice of appeal must be filed even if the district court issues a certificate of appealability. 2
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