Evens v. Davis-Director TDCJ-CID

Filing 36

ORDER ACCEPTING 35 FINDINGS AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE AND DENYING CERTIFICATE OF APPEALABILITY. (Ordered by Chief Judge Barbara M. G. Lynn on 6/30/2020) (twd)

IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF TEXAS
DALLAS DIVISION
BOBBY JOE EVENS,
ID # 1995944,
Petitioner,
vs.
LORIE DAVIS, Director,
Texas Department of Criminal
Justice, Correctional Institutions Division,
Respondent.

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No. 3:17-CV-2512-M

Referred to U.S. Magistrate Judge

ORDER ACCEPTING FINDINGS AND RECOMMENDATION
OF THE UNITED STATES MAGISTRATE JUDGE AND
DENYING CERTIFICATE OF APPEALABILITY
After reviewing all relevant matters of record in this case, including the Findings, Conclusions, and Recommendation of the United States Magistrate Judge for plain error, I am 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.
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, the petitioner is DENIED a
Certificate of Appealability in connection with the July 11, 2019 order overruling his objections
and denying him relief under Fed. R. Civ. P. 59(e) (doc. 28) for the reasons set forth in that order,

as well as those set forth in the June 14, 2019 Findings, Conclusions and Recommendation
filed in this case (doc. 24). 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).

SIGNED this 30th day of June, 2020.

_________________________________
BARBARA M. G. LYNN
CHIEF JUDGE

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