Macias v. Warden, Rolling Plains Detention Center et al
Filing
7
Order Accepting 6 Findings and Recommendations and Denying Certificate of Appealability re: 1 Petition for Writ of Habeas Corpus, filed by Adolfo Angel Macias. Accordingly, the court denies as moot Petitioner's Original Petition Under 2 8 U.S.C. § 2241 for Writ of Habeas Corpus, and dismisses as moot this action. In the event that Petitioner files a notice of appeal, he must pay the $505 appellate filing fee or submit a motion to proceed in forma pauperis (IFP), unless he has been granted IFP status by the district court. (Ordered by Judge Sam A Lindsay on 8/22/2017) (epm)
IN THE UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF TEXAS
DALLAS DIVISION
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§
Petitioner,
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v.
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§
WARDEN, ROLLING PLAINS
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DETENTION CENTER;
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JEH C. JOHNSON; LORETTA E. LYNCH; §
and SIMONA FLORES,
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Respondents.
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ADOLFO ANGEL MACIAS,
Civil Action No. 3:16-CV-849-L
ORDER
On May 30, 2017, United States Magistrate Judge David L. Horan entered the Findings,
Conclusions and Recommendation of the United States Magistrate Judge (“Report”), recommending
that the court deny as moot Petitioner’s Original Petition Under 28 U.S.C. § 2241 for Writ of Habeas
Corpus (Doc. 1). No objections to the Report were received as of the date of this order.
Having reviewed the pleadings, file, record in this case, and Report, the court determines that
the findings and conclusions of the magistrate judge are correct, and accepts them as those of the
court. Accordingly, the court denies as moot Petitioner’s Original Petition Under 28 U.S.C. § 2241
for Writ of Habeas Corpus, and dismisses as moot this action.
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),
Order – Page 1
the court prospectively denies a certificate of appealability.* The court determines that 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). In support of this determination, the court accepts and incorporates by reference the Report
in this case. In the event that Petitioner files a notice of appeal, he must pay the $505 appellate filing
fee or submit a motion to proceed in forma pauperis (“IFP”), unless he has been granted IFP status
by the district court.
It is so ordered this 22nd day of August, 2017.
_________________________________
Sam A. Lindsay
United States District Judge
*
Rule 11 of the Rules Governing §§ 2254 and 2255 Cases provides 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.
Order – Page 2
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