Lynch v. USA
Filing
20
ORDER ACCEPTING 17 FINDINGS AND RECOMMENDATIONOF THE UNITED STATES MAGISTRATE JUDGE and Denying Certificate of Appealability. The 8 Motion to Stay is DENIED. (Ordered by Senior Judge A. Joe Fish on 11/18/2016) (twd)
UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF TEXAS
DALLAS DIVISION
DANNY LEON LYNCH, JR.,
Petitioner,
VS.
UNITED STATES OF AMERICA,
Respondent.
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CIVIL ACTION NO.
3:16-CV-1446-G (BH)
CRIMINAL ACTION NO.
3:07-CR-153-P
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 and
any objections thereto, in accordance with 28 U.S.C. § 636(b)(1), the court is 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 motion to vacate, set aside or correct sentence filed under 28 U.S.C. § 2255 is
DENIED with prejudice as barred by the statute of limitations, and the motion to
stay is DENIED.
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, 484 (2000).
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 account.
SO ORDERED.
November 18, 2016.
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A. JOE FISH
Senior United States District Judge
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