Stooksbury v. Thaler, Director TDCJ-CID
Filing
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ORDER adopting Findings, Conclusions, and Recommendation re 23 Findings and Recommendation on Case. Considering the record in this case the court denies a certificate of appealability. If petitioner files a notice of appeal, petitioner must pay the $455.00 appellate filing fee or submit a motion to proceed in forma pauperis and a properly signed certificate of inmate trust account. (Ordered by Chief Judge Sidney A Fitzwater on 12/21/2012) (ndt)
IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF TEXAS
DALLAS DIVISION
HIRAM R. STOOKSBURY, ID # 1484372,
Petitioner,
vs.
RICK THALER, Director,
Texas Department of Criminal
Justice, Correctional Institutions Division,
Respondent.
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No. 3:11-CV-2893-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, 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.
Considering the record in this case and pursuant to Fed. R. App. P. 22(b) 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,
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petitioner may proceed in forma pauperis on appeal.
(X)
petitioner must pay the $455.00 appellate filing fee or submit a motion to proceed in
forma pauperis and a properly signed certificate of inmate trust account.
SO ORDERED.
December 21, 2012.
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SIDNEY A. FITZWATER
CHIEF JUDGE
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