Trevino v. Thaler, Director TDCJ-CID

Filing 13

ORDER ADOPTING 11 Findings and Recommendations of the United States Magistrate Judge. Gloria Trevino Turners 7 motion to proceed as next friend is granted. The petition for habeas corpus relief pursuant to 28 U.S.C. § 2254 is barred by statute of limitations and is denied with prejudice. The court denies a certificate of appealability. (Ordered by Chief Judge Sidney A Fitzwater on 2/28/2011) (skt)

Trevino v. Thaler, Director TDCJ-CID

Doc. 13

IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF TEXAS DALLAS DIVISION ROBERT RODRIGUEZ TREVINO, by Next Friend Gloria Trevino Turner ID # 729766 Petitioner, vs. RICK THALER, Director, Texas Department of Criminal Justice, Correctional Institutions Division, Respondent. ) ) ) ) ) ) ) ) ) )

No. 3:10-CV-2413-D

ORDER After making an independent review of the pleadings, files, and records in this case, and the findings, conclusions, and recommendation of the magistrate judge, and petitioner's objections, the court concludes that the findings and conclusions are correct. It is therefore ordered that the findings, conclusions, and recommendation of the magistrate judge are adopted. Gloria Trevino Turner's motion to proceed as next friend is granted. The petition for habeas corpus relief pursuant to 28 U.S.C. § 2254 is barred by statute of limitations and is denied with prejudice. 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

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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, ( ) (X) petitioner may proceed in forma pauperis on appeal. petitioner must pay the $455.00 appellate filing fee or submit a motion to proceed in forma pauperis. SO ORDERED. February 28, 2011.

_________________________________ SIDNEY A. FITZWATER CHIEF JUDGE

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