Hervert v. USA
ORDER Adopting 3 Findings and Recommendations and Denying Certificate of Appealability. (Ordered by Judge Sidney A Fitzwater on 11/27/2017) (axm)
IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF TEXAS
OMAR ALI HERVERT, #21578-075,
UNITED STATES OF AMERICA,
CIVIL NO. 3:16-CV-1880-D
(Criminal No. 3:12-CR-329-D(4))
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.
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
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
November 27, 2017.
SIDNEY A. FITZWATER
UNITED STATES DISTRICT JUDGE
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