Page v. Thaler

Filing 4

ORDER ACCEPTING 3 FINDINGS, CONCLUSIONS AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE, AND DENYING A CERTIFICATE OF APPEALABILITY. (see order) (Ordered by Judge Ed Kinkeade on 8/2/2010) (ykp)

Page v. Thaler

Doc. 4

IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF TEXAS DALLAS DIVISION

LAWRENCE GENE PAGE, #1075254, § Petitioner, § § v. § § RICK THALER, Director, § Texas Department of Criminal Justice, § Correctional Institutions Div., § Respondent. §

3:10-CV-1290-K

ORDER ACCEPTING FINDINGS, CONCLUSIONS AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE, AND DENYING A CERTIFICATE OF APPEALABILITY

The United States Magistrate Judge made findings, conclusions and a recommendation in this case. No objections were filed. The District Court reviewed the proposed Findings, Conclusions and Recommendation for plain error. Finding none, the Court ACCEPTS the Findings, Conclusions and Recommendation of the United States Magistrate Judge. Considering the record in this case and pursuant to Federal Rule of Appellate Procedure 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

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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. M cD a n iel, 529 U.S. 473, 484 (2000). In the event, the petitioner will file a notice of appeal, the court notes that () ( X) the petitioner will proceed in forma pauperis on appeal. the petitioner will need to pay the $455.00 appellate filing fee or submit a motion to proceed in forma pauperis. SO ORDERED this 2nd day of August, 2010.

_________________________________ ED KINKEADE UNITED STATES DISTRICT JUDGE

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