Hall v. Stephens-Director TDCJ-CID

Filing 38

Order Accepting 35 Findings and Recommendations and Denying Certificate of Appealability. (Ordered by Senior Judge A. Joe Fish on 12/21/2022) (axm)

Case 3:16-cv-00725-G-BT Document 38 Filed 12/21/22

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UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF TEXAS
DALLAS DIVISION

JOHN EDWARD HALL,
Petitioner,
VS.
LORIE DAVIS, DIRECTOR TDCJ-CID,
Respondent.

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CIVIL ACTION NO.
3:16-CV-0725-G-BT

ORDER ACCEPTING FINDINGS AND
RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE
The court has taken under consideration the Findings, Conclusions, and
Recommendation of United States Magistrate Judge Rebecca Rutherford dated
November 28, 2022. The court has made a de novo review of those portions of the
Findings, Conclusions, and Recommendation to which objections were made. IT IS,
THEREFORE, ORDERED that the Findings, Conclusions, and Recommendation of
the United States Magistrate Judge are accepted, and the objections are overruled.
Considering the record in this case, 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 Petitioner has failed to show (1) reasonable jurists would find this court's
“assessment of the constitutional claims debatable or wrong[,]” or (2) reasonable

Case 3:16-cv-00725-G-BT Document 38 Filed 12/21/22

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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, he must pay the $505.00 appellate filing fee or submit a motion to
proceed in forma pauperis.
SO ORDERED.
December 21, 2022.
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A. JOE FISH
Senior United States District Judge

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