Graves v. Davis-Director TDCJ-CID
Filing
20
Order Adopting Findings and Recommendations and Denying Certificate of Appealability re: 17 FINDINGS, CONCLUSIONS AND RECOMMENDATION TO GRANT RESPONDENTS MOTION TO DISMISS PETITION FOR A WRIT OF HABEAS CORPUS (Ordered by Judge Sidney A Fitzwater on 6/13/2018) (vls)
IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF TEXAS
AMARILLO DIVISION
LORENZO CECIL GRAVES,
Petitioner,
v.
LORIE DAVIS, Director,
Texas Department of Criminal Justice,
Correctional Institutions Division,
Respondent.
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2:18-CV-024-D
ORDER
After making an independent review of the pleadings, files, and records in this case, and the
May 14, 2018 findings, conclusions, and recommendation of the magistrate judge, and petitioner’s
May 25, 2018 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 as barred by
limitations.
Considering the record in this case and pursuant to Fed. R. App. P. 22(b), Rule 11(a) of the
Rules Governing §§ 2254 and 2255 proceedings, 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.
June 13, 2018.
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SIDNEY A. FITZWATER
UNITED STATES DISTRICT JUDGE
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