Drumm v. 204th Judicial Court

Filing 31

ORDER ACCEPTING 29 FINDINGS, CONCLUSIONS AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE, AND DENYING A CERTIFICATE OF APPEALABILITY. (Ordered by Judge Jane J. Boyle on 4/24/2019) (aaa)

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF TEXAS
DALLAS DIVISION
LOGAN M. DRUMM, #2032303,
Petitioner,
V.
LORIE DAVIS, DIRECTOR,
Texas Department of Criminal Justice,
Correctional Institutions Div.,
Respondent.

§
§
§
§
§
§
§
§
§

CASE NO. 3:17-CV-2712-B-BK

ORDER ACCEPTING FINDINGS, CONCLUSIONS AND RECOMMENDATION
OF THE UNITED STATES MAGISTRATE JUDGE, AND
DENYING A CERTIFICATE OF APPEALABILITY
The United States Magistrate Judge made findings, conclusions, and a recommendation in
this case. Petitioner filed objections, and the Court 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 accepts the Findings, Conclusions and Recommendation of the United
States Magistrate Judge.
IT IS THEREFORE ORDERED that the petition for habeas corpus under 28 U.S.C. § 2254
is denied.
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 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
Page 1 of 2

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 this 24th day of April, 2019.

_________________________________
JANE J. BOYLE
UNITED STATES DISTRICT JUDGE

Page 2 of 2