Limon-Guevara v. USA
Order Accepting 12 Findings and Recommendations and Denying Certificate of Appealability re: 2 Motion to Vacate under 28 U.S.C. 2255 filed by Alfredo Limon-Guevara. (Ordered by Judge Sidney A Fitzwater on 4/20/2017) (ndt)
IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF TEXAS
ID # 46261-177,
UNITED STATES OF AMERICA,
No. 3:13-CR-217-D (2)
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 adopted. For the reasons stated in the findings,
conclusions, and recommendation of the United States Magistrate Judge, the motion to vacate is
denied with prejudice.
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 movant
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 movant files a notice of appeal,
movant may proceed in forma pauperis on appeal.
movant must pay the $505.00 appellate filing fee or submit a motion to proceed in
April 20, 2017.
SIDNEY A. FITZWATER
UNITED STATES DISTRICT JUDGE
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