Young v. Davis-Director TDCJ-CID

Filing 21

ORDER ADOPTING FINDINGS, CONCLUSIONS AND RECOMMENDATION and Denying Certificate of Appealability re: 18 Findings and Recommendations on Case re: 3 Petition for Writ of Habeas Corpus, filed by Dematric Deshone Young. (Ordered by Senior Judge Sidney A Fitzwater on 7/17/2019) (nhp)

IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF TEXAS
AMARILLO DIVISION
DEMATRIC DeSHONE YOUNG,
Petitioner,
v.
LORIE DAVIS, Director,
Texas Department of Criminal Justice,
Correctional Institutions Division,
Respondent.

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2:17-CV-231-D

ORDER
After making an independent review of the pleadings, files, and records in this case, the June
19, 2019 findings, conclusions, and recommendation of the magistrate judge, and petitioner’s July 8,
2019 objections, the court concludes the magistrate judge’s findings and conclusions are correct. It
is therefore ordered that petitioner’s objections are overruled, the recommendation of the magistrate
judge is adopted, and the petition for a writ of habeas corpus 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 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 on appeal.

SO ORDERED.
July 17, 2019.

_________________________________
SIDNEY A. FITZWATER
SENIOR JUDGE

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