Shockley v. Valdez

Filing 15

ORDER ACCEPTING 13 FINDINGS, CONCLUSIONS AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE. The Court CERTIFIES that any appeal of this action would not be taken in good faith. (Ordered by Judge Barbara M.G. Lynn on 5/31/2012) (ctf)

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

JOHN DAVID SHOCKLEY, #11006369,
Petitioner,
v.
SHERIFF LUPE VALDEZ,
Respondent.

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3:12-CV-0749-M-BK

ORDER ACCEPTING FINDINGS, CONCLUSIONS AND RECOMMENDATION
OF THE UNITED STATES MAGISTRATE JUDGE
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.
Because Petitioner filed his petition under 28 U.S.C. § 2241, he is not required to obtain a
certificate of appealability to proceed on appeal. Padilla v. United States, 416 F.3d 424, 425 (5th
Cir. 2005) (per curiam). However, the Court CERTIFIES that any appeal of this action would
not be taken in good faith. See 28 U.S.C. § 1915(a)(3). In support of this finding, the Court
adopts and incorporates by reference the Magistrate Judge’s Findings, Conclusions and
Recommendation. See Baugh v. Taylor, 117 F.3d 197, 202 n.21 (5th Cir. 1997). Based on the
Findings and Recommendation, the Court finds that any appeal of this action would present no
legal point of arguable merit and would, therefore, be frivolous. Howard v. King, 707 F.2d 215,

220 (5th Cir. 1983).
SO ORDERED this 31st day of May, 2012.

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BARBARA M. G. LYNN
UNITED STATES DISTRICT JUDGE
NORTHERN DISTRICT OF TEXAS