Williams v. Davis-Director TDCJ-CID
Filing
35
Order Accepting 33 Findings, Conclusions, and Recommendation. (Ordered by Judge Sidney A Fitzwater on 9/19/2018) (rekc)
IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF TEXAS
DALLAS DIVISION
MICHAEL DAVID WILLIAMS, #01913738 §
Petitioner,
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v.
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LORIE DAVIS, Director TDCJ-CID,
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Respondent.
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CIVIL NO. 3:17-CV-0215-D
ORDER
The United States Magistrate Judge made findings, conclusions, and a recommendation in
this case on August 24, 2018. Petitioner filed objections on September 11, 2018, and the
undersigned district judge has made a de novo review of those portions of the proposed findings,
conclusions, and recommendation to which objection was made. The objections are overruled, the
court adopts the findings, conclusions and recommendation of the United States Magistrate Judge,
and the petition for writ of habeas corpus under 28 U.S.C. § 2254 is denied.
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
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 petitioner files a notice of appeal,
( )
petitioner may proceed in forma pauperis on appeal.
(X)
petitioner must pay the $505.00 appellate filing fee or submit a motion to proceed in
forma pauperis.
SO ORDERED.
September 19, 2018.
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SIDNEY A. FITZWATER
UNITED STATES DISTRICT JUDGE
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