Floyd v. Davis-Director TDCJ-CID
Filing
19
Order Adopting 17 Findings and Recommendations and Denying Certificate of Appealability re: 3 Petition for Writ of Habeas Corpus, filed by Randal Dewayne Floyd. If petitioner files a notice of appeal, petitioner must pay the $505.00 appellate filing fee or submit a motion to proceed in forma pauperis. (Ordered by Judge Sidney A Fitzwater on 7/23/2018) (ndt)
IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF TEXAS
DALLAS DIVISION
RANDAL DEWAYNE FLOYD,
Petitioner,
v.
LORIE DAVIS, Director TDCJ-CID
Respondent.
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No. 3:17-CV-1612-D
ORDER
The United States Magistrate Judge made findings, conclusions, and a recommendation in this
case. Petitioner filed objections on July 6, 2018, and the district judge has made a de novo review
of those portions of the proposed findings and recommendation to which objection was made. The
objections are overruled, and the court adopts the findings, conclusions, and recommendation of the
United States Magistrate Judge.
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.
July 23, 2018.
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SIDNEY A. FITZWATER
UNITED STATES DISTRICT JUDGE
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