Gonzalez v. USA

Filing 8

ORDER Adopting Findings, Conclusions, and Recommendation and Denying Certificate of Appealability re: 7 Findings, Conclusions, and Recommendation on Case re: 2 Motion to Vacate under 28 U.S.C. 2255, filed by Grabel Gonzalez. Motion Granted: 5 MOTION to Dismiss Section 2255 Motion as Untimely Filed filed by USA. (Ordered by Senior Judge Sidney A Fitzwater on 7/8/2019) (nhp)

IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF TEXAS
AMARILLO DIVISION
GRABEL GONZALEZ,
Petitioner,
v.
UNITED STATES OF AMERICA,
Respondent.

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2:18-CV-038-D

ORDER
After making an independent review of the pleadings, files, and records in this case and the
May 23, 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, respondent’s motion to dismiss Gonzalez’s
§ 2255 motion as untimely filed is granted, and petitioner’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 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.
July 8, 2019.

_________________________________
SIDNEY A. FITZWATER
SENIOR JUDGE

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