Patterson v. Stephens, Director TDCJ-CID
Order Accepting 37 Findings and Recommendations and Denying Certificate of Appealability. (Ordered by Judge Jane J Boyle on 12/23/2016) (axm)
UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF TEXAS
PERRY JOE PATTERSON, #1673121,
LORIE DAVIS, Director,
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. Petitioner filed objections, and the District Court has made a de novo review of those
portions of the proposed Findings, Conclusions and Recommendation to which objection was made.
The objections are overruled, and the Court ACCEPTS the Findings, Conclusions and
Recommendation of the United States Magistrate Judge.
IT IS THEREFORE ORDERED that the petition for writ of habeas corpus is DENIED.
Considering the record in this case and pursuant to Federal Rule of Appellate Procedure
22(b), Rule 11(a) of the Rules Governing Sections 2254 and 2255 Proceedings for the United States
District Court, 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).1
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
SO ORDERED this 23rd day of December, 2016.
JANE J. BOYLE
UNITED STATES DISTRICT JUDGE
Rule 11 of the Rules Governing §§ 2254 and 2255 Proceedings 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 appeal.
(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 of appealability.
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