Tuckness v Davis-Director TDCJ-CID
Filing
15
ORDER Adopting Findings, Conclusions and Recommendation and Denying Certificate of Appealability re: 14 Findings, Conclusions and Recommendation. (Ordered by Senior Judge Sidney A Fitzwater on 4/30/2019) (awc)
IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF TEXAS
AMARILLO DIVISION
TY ALAN TUCKNESS,
Petitioner,
v.
LORIE DAVIS, Director,
Texas Department of Criminal Justice,
Correctional Institutions Division,
Respondent.
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2:16-CV-188-D
ORDER
After making an independent review of the pleadings, files, and records in this case, and the
March 22, 2019 findings, conclusions, and recommendation of the magistrate judge, the court
concludes the magistrate judge’s findings and conclusions are correct. It is therefore ordered that
the recommendation of the magistrate judge is adopted, and the petition for a writ of habeas corpus
is denied.
Considering the record in this case and pursuant to Fed. R. App. P. 22(b), Rule 11(a) of the
Rules Governing Section 2254 Proceedings in the United States District Courts, 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 (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 procedural ruling.” Slack v. McDaniel,
529 U.S.473, 484 (2000).
If petitioner files a notice of appeal,
( )
petitioner may proceed in forma pauperis on appeal.
(X)
petitioner must pay the $505.00 appellate filing fee or submit a motion to
proceed in forma pauperis.
SO ORDERED.
April 30, 2019.
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SIDNEY A. FITZWATER
SENIOR JUDGE
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