Thomas v. Director, TDCJ-CID
MEMORANDUM ORDER ADOPTING THE MAGISTRATE JUDGE'S REPORT AND RECOMMENDATION that the petition be denied. A certificate of appealability shall not issue in this matter. Signed by Judge Marcia A. Crone on 1/6/16. (mrp, )
UNITED STATES DISTRICT COURT
JOHN LEE THOMAS,
EASTERN DISTRICT OF TEXAS
CIVIL ACTION NO. 1:16-CV-403
MEMORANDUM ORDER ADOPTING
THE MAGISTRATE JUDGE’S REPORT AND RECOMMENDATION
John Lee Thomas, proceeding pro se, filed this petition for writ of habeas corpus pursuant
to 28 U.S.C. § 2254. The court referred this matter to the Honorable Zack Hawthorn, United
States Magistrate Judge, at Beaumont, Texas, for consideration pursuant to applicable laws and
orders of this court. The magistrate judge has submitted a Report and Recommendation of United
States Magistrate Judge recommending the petition be denied.
The court has received the Report and Recommendation of United States Magistrate Judge,
along with the record, pleadings, and all available evidence. No objections were filed to the Report
Accordingly, the findings of fact and conclusions of law of the magistrate judge are correct
and the report of the magistrate judge is ADOPTED. A final judgment will be entered denying
In addition, the court is of the opinion petitioner is not entitled to a certificate of
appealability. An appeal from a judgment denying federal habeas relief may not proceed unless
a judge issues a certificate of appealability. See 28 U.S.C. § 2253. The standard for a certificate
of appealability requires the petitioner to make a substantial showing of the denial of a federal
constitutional right. See Slack v. McDaniel, 529 U.S. 473, 483-84 (2000); Elizalde v. Dretke, 362
F.3d 323, 328 (5th Cir. 2004). To make a substantial showing, the petitioner need not establish
that he would prevail on the merits. Rather, he must demonstrate that the issues are subject to
debate among jurists of reason, that a court could resolve the issues differently, or that the
questions presented are worthy of encouragement to proceed further. See Slack, 529 U.S. at 48384. Any doubt regarding whether to grant a certificate of appealability should be resolved in favor
of the petitioner, and the severity of the penalty may be considered in making this determination.
See Miller v. Johnson, 200 F.3d 274, 280-81 (5th Cir. 2000).
In this case, the petitioner has not shown that the issues raised are subject to debate among
jurists of reason. The factual and legal questions raised by petitioner have been consistently
resolved adversely to his position and the questions presented are not worthy of encouragement
to proceed. further. As a result, a certificate of appealability shall not issue in this matter.
SIGNED at Beaumont, Texas, this 7th day of September, 2004.
SIGNED at Beaumont, Texas, this 6th day of January, 2017.
MARCIA A. CRONE
UNITED STATES DISTRICT JUDGE
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