Hill v. Lorie Davis-Director TDCJ-CID

Filing 25

Order Adopting 24 FINDINGS, CONCLUSIONS, AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE and Denying Certificate of Appealability. (Ordered by Senior Judge Sidney A Fitzwater on 11/17/2020) (mjr)

Case 3:17-cv-02895-D-BN Document 25 Filed 11/17/20

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IN THE UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF TEXAS
DALLAS DIVISION
GARY DEWAYNE HILL,
TDCJ, No. 2005493,

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Petitioner,
V.
DIRECTOR, TDCJ-CID,
Respondent.

No. 3:17-CV-2895-D

ORDER
The United States Magistrate Judge made findings, conclusions, and a
recommendation in this case. No objections were filed.

The undersigned district

judge reviewed the proposed findings, conclusions, and recommendation for plain
error.

Finding

none,

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

Case 3:17-cv-02895-D-BN Document 25 Filed 11/17/20

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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.

November 17, 2020.

_______________________________
SIDNEY A. FITZWATER
SENIOR JUDGE

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