Finch v. Davis-Director TDCJ-CID
Filing
6
ORDER Adopting Findings, Conclusions and Recommendation and Denying Certificate of Appealability re: 5 Findings and Recommendations on Case. (Ordered by Judge Sidney A Fitzwater on 8/30/2018) (awc)
IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF TEXAS
AMARILLO DIVISION
DRAKE JORDAN FINCH,
Petitioner,
v.
LORIE DAVIS, Director,
Texas Department of Criminal Justice,
Correctional Institutions Division,
Respondent.
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2:18-CV-109-D
ORDER
After making an independent review of the pleadings, files, and records in this case, and the
August 2, 2018 findings, conclusions, and recommendation of the magistrate judge to dismiss for
failure to comply with the court’s order and/or failure to pay the requisite filing fee, the court
concludes the magistrate judge’s findings and conclusions are correct. Petitioner has not filed any
objections to the findings, conclusions, and recommendation, nor has he paid the filing fee. The
recommendation of the magistrate judge is adopted, and the petition for a writ of habeas corpus is
dismissed without prejudice.
Considering the record in this case and pursuant to Fed. R. App. P. 22(b), Rule 11(a) of the
Rules Governing Section 2254 Cases 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.
August 30, 2018.
_________________________________
SIDNEY A. FITZWATER
UNITED STATES DISTRICT JUDGE
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