Howard v. USA
Order Accepting 3 Findings and Recommendations and Denying Certificate of Appealability. (Ordered by Judge David C Godbey on 4/16/2018) (axm)
IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF TEXAS
MANUEL MARCUS HOWARD,
UNITED STATES OF AMERICA,
CIVIL NO. 3:17-CV-1981-N-BK
(Criminal No. 3:15-CR-501-N-2)
ORDER ACCEPTING FINDINGS, CONCLUSIONS AND RECOMMENDATION
OF THE UNITED STATES MAGISTRATE JUDGE
The United States Magistrate Judge made Findings, Conclusions, and a Recommendation
in this case. No objections were filed. The Court reviewed the proposed Findings, Conclusions,
and Recommendation for plain error. Finding none, the Court ACCEPTS the Findings,
Conclusions, and Recommendation of the United States Magistrate.
IT IS THEREFORE ORDERED that the motion under 28 U.S.C. ' 2255 to vacate, set
aside, or correct sentence is DISMISSED WITH PREJUDICE.
Considering the record in this case and pursuant to Federal Rule of Appellate Procedure
22(b), Rule 11(a) of the Rules Governing Sections 2254 and 2255 Proceedings in the United
States District Court, and 28 U.S.C. § 2253(c), the Court prospectively 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 movant 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).1
If Movant files a notice of appeal, he must pay the $505.00 appellate filing fee or submit
a motion to proceed in forma pauperis.
SO ORDERED this 16th day of April, 2018.
DAVID C. GODBEY
UNITED STATES DISTRICT JUDGE
Rule 11 of the Rules Governing §§ 2254 and 2255 Proceedings reads as follows:
(a) Certificate of Appealability. The district court must issue or deny a certificate
of appealability when it enters a final order adverse to the applicant. Before entering
the final order, the court may direct the parties to submit arguments on whether a
certificate should issue. If the court issues a certificate, the court must state the
specific issue or issues that satisfy the showing required by 28 U.S.C. § 2253(c)(2).
If the court denies a certificate, the parties may not appeal the denial but may seek
a certificate from the court of appeals under Federal Rule of Appellate Procedure
22. A motion to reconsider a denial does not extend the time to appeal.
(b) Time to Appeal. Federal Rule of Appellate Procedure 4(a) governs the time to
appeal an order entered under these rules. A timely notice of appeal must be filed
even if the district court issues a certificate of appealability.
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