Beltran v. USA
Filing
9
ORDER Adopting 8 Findings and Recommendations and Denying Certificate of Appealability (Ordered by Senior Judge Sidney A Fitzwater on 11/30/2018) (vls)
IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF TEXAS
AMARILLO DIVISION
FRANCISCO JOSUE BELTRAN,
Movant,
v.
UNITED STATES OF AMERICA,
Respondent.
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2:17-CV-181-D
ORDER
After making an independent review of the pleadings, files, and records in this case and the
October 30, 2018 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, respondent’s motion to dismiss section 2255
as untimely is granted, and movant’s motion to vacate, set aside, or correct sentence is dismissed.
Considering the record in this case and pursuant to Fed. R. App. P. 22(b), Rule 11(a) of the
Rules Governing Section 2255 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 movant 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 movant files a notice of appeal,
( )
movant may proceed in forma pauperis on appeal.
(X)
movant must pay the $505.00 appellate filing fee or submit a motion to
proceed in forma pauperis.
SO ORDERED.
November 30, 2018.
_________________________________
SIDNEY A. FITZWATER
SENIOR JUDGE
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