Mata v. Stephens Director TDCJ-CID
Order Adopting 30 Findings and Recommendation of the United States Magistrate Judge and Denying Certificate of Appealability. (Ordered by Judge Sidney A Fitzwater on 12/23/2016) (axm)
IN THE UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF TEXAS
(TDCJ No. 1297972),
LORIE DAVIS, Director
Texas Department of Criminal Justice,
Correctional Institutions Division,
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
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.
petitioner must pay the $505.00 appellate filing fee or submit a motion to
proceed in forma pauperis.
December 23, 2016.
SIDNEY A. FITZWATER
UNITED STATES DISTRICT JUDGE
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