Blain v. USA
Order Adopting Findings and Recommendations re: 8 Findings and Recommendations on Case re: 1 Motion to Vacate under 28 U.S.C. 2255 filed by Larry Derek Blain. If movant files a notice of appeal, (Ordered by Judge Sidney A Fitzwater on 8/10/2017) (svc)
IN THE UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF TEXAS
LARRY DEREK BLAIN,
UNITED STATES OF AMERICA,
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
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 (2000).
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 forma pauperis.
August 10, 2017.
SIDNEY A. FITZWATER
UNITED STATES DISTRICT JUDGE
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