Hernandez-Regalado v. USA

Filing 10

Order Adopting 8 Findings, Conclusions, and Recommendation of the United States Magistrate Judge. The motion to vacate, set aside, or correct sentence under 28 U.S.C. § 2255 is denied. The court denies a certificate of appealability. (Ordered by Senior Judge Sidney A Fitzwater on 12/21/2018) (zkc)

IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF TEXAS
DALLAS DIVISION
JUNIOR HERNANDEZ-REGALADO,
#54016-177,
Movant,
V.
UNITED STATES OF AMERICA,
Respondent.

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§ CASE NO. 3:18-CV-1126-D
§ (CRIMINAL NO. 3:16-CR-160-D-1)
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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. It is therefore ordered that
the motion to vacate, set aside, or correct sentence under 28 U.S.C. § 2255 is denied.
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 movant
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).
If movant files a notice of appeal,

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movant may proceed in forma pauperis on appeal.

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movant must pay the $505.00 appellate filing fee or submit a motion to proceed in
forma pauperis.

SO ORDERED.
December 21, 2018.

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SIDNEY A. FITZWATER
SENIOR JUDGE

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