Hardin v. Thaler, Director TDCJ-CID

Filing 44

Order Adopting 38 Findings and Recommendation of the United States Magistrate Judge and Denying Certificate of Appealability. (Ordered by Chief Judge Sidney A Fitzwater on 4/30/2014) (axm)

IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF TEXAS
DALLAS DIVISION
BILLY PINK HARDIN, #1443881,
Petitioner,
v.
WILLIAMS STEPHENS, Director
TDCJ-CID,
Respondent.

§
§
§
§
§
§
§
§

3:13-CV-0974-D

ORDER
After making an independent review of the pleadings, files, and records in this case, the
March 6, 2014 findings, conclusions, and recommendation of the magistrate judge, and the April
3, 2014 objections filed by petitioner (which the court deems to be timely filed), 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), 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
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,
( )

petitioner may proceed in forma pauperis on appeal.

(X)

petitioner must pay the $505.00 appellate filing fee or submit a motion to proceed in
forma pauperis.

SO ORDERED.
April 30, 2014.

_________________________________
SIDNEY A. FITZWATER
CHIEF JUDGE

2