Epps v. Davis-Director TDCJ-CID

Filing 36

Order Accepting 34 Findings and Recommendations and Denying Certificate of Appealability. Petitioner's Motion for a Delayed Notice of Appeal, construed as a motion to reopen the time to file the notice of appeal is DENIED. (Ordered by Judge Jane J. Boyle on 7/3/2019) (epm)

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UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF TEXAS DALLAS DIVISION TONY EPPS, #00450886, Petitioner, v. LORIE DAVIS, Director, TDCJ-CID, Respondent. § § § § § § § § CIVIL CASE NO. 3:18-CV-1115-B-BK APPEAL CASE NO. 18-11466 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. 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 Judge. IT IS THEREFORE ORDERED that Petitioner’s Motion for a Delayed Notice of Appeal, construed as a motion to reopen the time to file the notice of appeal under FED. R. APP. P. 4(a)(6), is DENIED. SO ORDERED this 3rd day of July, 2019. _________________________________ JANE J. BOYLE UNITED STATES DISTRICT JUDGE

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