Salmeron v. Stephens
Order Accepting 13 Findings, Conclusions, and Recommendation of the United States Magistrate Judge and Denying Certificate of Appealability. (Ordered by Chief Judge Barbara M.G. Lynn on 9/13/2017) (ykp)
IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF TEXAS
LORIE DAVIS, Director,
Texas Department of Criminal
Justice, Correctional Institutions Division,
ORDER ACCEPTING FINDINGS AND RECOMMENDATION
OF THE UNITED STATES MAGISTRATE JUDGE
After reviewing all relevant matters of record in this case, including the Findings,
Conclusions, and Recommendation of the United States Magistrate Judge for plain error, I am of
the opinion that the Findings and Conclusions of the Magistrate Judge are correct and they are
accepted as the Findings and Conclusions of the Court.
For the reasons stated in the Findings, Conclusions, and Recommendation of the United
States Magistrate Judge, the petition for habeas corpus filed pursuant to 28 U.S.C. § 2254 is
DENIED with prejudice.
In accordance with Fed. R. App. P. 22(b) and 28 U.S.C. § 2253(c) and after considering
the record in this case and the recommendation of the Magistrate Judge, petitioner is DENIED a
Certificate of Appealability. The Court adopts and incorporates by reference the Magistrate
Judge’s Findings, Conclusions and Recommendation 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,
If the petitioner files a notice of appeal, he must pay the $505.00 appellate filing fee or
submit a motion to proceed in forma pauperis and a properly signed certificate of inmate trust
SIGNED this 13th day of September, 2017.
BARBARA M. G. LYNN
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