Silva v. USA

Filing 13

ORDER ACCEPTING 11 FINDINGS AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE. (Ordered by Senior Judge A. Joe Fish on 2/12/2018) (ykp)

IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF TEXAS
DALLAS DIVISION
CESAR SILVA
ID # 48272-177,
Petitioner,
vs.
UNITED STATES OF AMERICA,
Respondent.

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No. 3:16-CV-1987-G (BH)
No. 3:14-CR-0261-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.
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.
February 12, 2018.

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A. JOE FISH
Senior United States District Judge

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