Handy v. Stephens Director TDCJ-CID
Order Accepting Findings and Recommendations and Denying Certificate of Appealability re: 17 Findings and Recommendations on Case re: 1 Petition for Writ of Habeas Corpus, filed by Kevin Wayne Handy. (Ordered by Judge Jane J Boyle on 1/6/2017) (mem)
UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF TEXAS
KEVIN WAYNE HANDY
(TDCJ No. 1826610),
LORIE DAVIS, Director
Texas Department of Criminal Justice,
Correctional Institutions Division,
ORDER ACCEPTING FINDINGS, CONCLUSIONS, AND RECOMMENDATION
OF THE UNITED STATES MAGISTRATE JUDGE AND
DENYING CERTIFICATE OF APPEALABILITY
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.
Further, considering the record in this case and pursuant to Federal Rule of Appellate
Procedure 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 [Dkt.
No. 23] 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).1
In the event that Petitioner appeals, he shall pay the appellate filing fee or move for leave to
proceed in forma pauperis on appeal.
DATED: JANUARY 6, 2017
JANE J. BOYLE
UNITED STATES DISTRICT JUDGE
Rule 11 of the Rules Governing §§ 2254 and 2255 Cases, as amended effective on December 1, 2009,
reads as follows:
(a) Certificate of Appealability. The district court must issue or deny a certificate of appealability
when it enters a final order adverse to the applicant. Before entering the final order, the court may direct the
parties to submit arguments on whether a certificate should issue. If the court issues a certificate, the court
must state the specific issue or issues that satisfy the showing required by 28 U.S.C. § 2253(c)(2). If the court
denies a certificate, the parties may not appeal the denial but may seek a certificate from the court of appeals
under Federal Rule of Appellate Procedure 22. A motion to reconsider a denial does not extend the time to
(b) Time to Appeal. Federal Rule of Appellate Procedure 4(a) governs the time to appeal an order
entered under these rules. A timely notice of appeal must be filed even if the district court issues a certificate
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