Alejo v. Davis-Director TDCJ-CID
Order Adopting 4 Findings and Recommendations and Denying Certificate of Appealability. (Ordered by Judge Sidney A Fitzwater on 11/27/2017) (axm)
IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF TEXAS
JULIAN ALEJO, JR.,
ID # 1952127,
STATE OF TEXAS,
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. For the reasons stated in the findings,
conclusions, and recommendation of the United States Magistrate Judge, this action, based on
petitioner’s motion for an extension of time to file a federal habeas petition under 28 U.S.C. § 2254,
is dismissed for lack of jurisdiction.
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
If petitioner files a notice of appeal,
petitioner may proceed in forma pauperis on appeal.
petitioner must pay the $505.00 appellate filing fee or submit a motion to proceed in
November 27, 2017.
SIDNEY A. FITZWATER
UNITED STATES DISTRICT JUDGE
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