Roberson v. Stephens, Director TDCJ-CID

Filing 13

ORDER OF THE COURT ON 8 RECOMMENDATION REGARDING IN FORMA PAUPERIS AND 11 CERTIFICATE OF APPEALABILITY denying 7 Motion for Leave to Proceed in forma pauperis on appeal; 9 Motion for Certificate of Appealability. (Ordered by Judge Sam A Lindsay on 1/15/2015) (ykp)

IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF TEXAS
DALLAS DIVISION
LAVERT ROBERSON, Jr. ID # 890786,
Petitioner,
vs.
WILLIAM STEPHENS, Director,
Texas Department of Criminal
Justice, Correctional Institutions Division,
Respondent.

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No. 3:14-CV-4256-L (BH)

ORDER OF THE COURT ON RECOMMENDATION
REGARDING IN FORMA PAUPERIS AND CERTIFICATE OF APPEALABILITY
Considering the record in this case and the recommendations of the United States Magistrate Judge,
and pursuant to Federal Rule of Appellate Procedure 22(b) and 28 U.S.C. § 2253 (c), the court hereby finds
and orders:
IFP STATUS:

( )

The request for leave to proceed in forma pauperis on appeal is GRANTED.

(X)

The application for leave to proceed in forma pauperis on appeal is DENIED because
the petitioner has not shown that he is a pauper.
(X) Although this court has denied the petitioner permission to proceed with this case
in forma paueris on appeal, the petitioner may challenge this finding pursuant to
Baugh v. Taylor, 117 F.3d 197 (5th Cir. 1997), by filing a separate motion to proceed
in forma pauperis on appeal with the Clerk of Court, U.S. Court of Appeals for the
Fifth Circuit, within 30 days of this order. See fed. R. App. P. 24(a)(5).

COA:
( )
a Certificate of Appealability is GRANTED on the following issues:
(X)

a Certificate of Appealability is DENIED. The Court hereby adopts and incorporates by
reference the Findings, Conclusions and Recommendation of the United States Magistrate
Judge, filed on December 5, 2014, in support of its finding that the petitioner has failed to
show that reasonable jurists would find it debatable whether the Court was correct in

recommending transferring this action to the court of appeals. See Miller-El v.
Cockrell, 537 U.S. 322, 338 (2003); Slack v. McDaniel, 529 U.S. 473, 483-84 (2000);
28 U.S.C. § 2253(c)(2).
DATE: January 15, 2015

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Sam A. Lindsay
United States District Judge