Mornes v. Dallas County Sheriff's Dept et al
Filing
8
ORDER: The 6 findings, conclusions, and recommendation of the magistrate judge are adopted, and the petition for writ of habeas corpus under 28 U.S.C. § 2254 is dismissed without prejudice for want of prosecution pursuant to Fed. R. Civ. P. 41(b). The court denies a certificate of appealability. (Ordered by Judge Sidney A Fitzwater on 4/20/2017) (sss)
IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF TEXAS
DALLAS DIVISION
LEONARD MORNES,
Petitioner,
v.
LORIE DAVIS, Director,
Respondent.
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Civil Action No. 3:17-CV-0829-D
ORDER
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, and the petition for writ of habeas corpus
under 28 U.S.C. § 2254 is dismissed without prejudice for want of prosecution pursuant to Fed. R.
Civ. P. 41(b).
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,
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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.
April 20, 2017.
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SIDNEY A. FITZWATER
UNITED STATES DISTRICT JUDGE
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