Banda v. Davis-Director TDCJ-CID
Order Accepting 14 Findings and Recommendations and Denying Certificate of Appealability. 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. (Ordered by Senior Judge A. Joe Fish on 11/27/2017) (ams)
UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF TEXAS
LUIS ALBERTO BANDA,
ID # 01040178,
LORIE DAVIS, Director, Texas
Department of Criminal Justice,
Correctional Institutions Division,
CIVIL ACTION NO.
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 petition for habeas corpus filed pursuant to 28 U.S.C. § 2254 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.
November 27, 2017.
A. JOE FISH
Senior United States District Judge
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