Hollingsworth v. Thaler, Director TDCJ-CID

Filing 6

ORDER ACCEPTING 5 FINDINGS, CONCLUSIONS AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE, AND DENYING A CERTIFICATE OF APPEALABILITY. (See Order) (Ordered by Judge Reed C O'Connor on 10/6/2010) (dnc)

Hollingsworth v. Thaler, Director TDCJ-CID

Doc. 6

IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF TEXAS DALLAS DIVISION MICHAEL HOLLINGSWORTH, #1293759,§ Petitioner, § § v. § § RICK THALER, Director, § Texas Department of Criminal Justice, § Correctional Institutions Division, § Respondent. §

3:10-CV-1445-O-BK

ORDER ACCEPTING FINDINGS, CONCLUSIONS AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE, AND DENYING A CERTIFICATE OF APPEALABILITY Before the Court is the Recommendation of the United States Magistrate Judge (ECF No. 5) filed in accordance with 28 U.S.C. § 636(b)(1). After reviewing all relevant matters of record in this case, the Court finds that the Findings and Conclusions of the Magistrate Judge are correct and they are ACCEPTED as the Findings and Conclusions of the Court. Considering the record in this case and pursuant to Federal Rule of Appellate Procedure 22(b), Rule 11(a) of the Rules Governing Section 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).

Dockets.Justia.com

SO ORDERED this 6th day of October, 2010.

_____________________________________ Reed O'Connor UNITED STATES DISTRICT JUDGE