Miller v. Davis-Director TDCJ-CID

Filing 22

Order Adopting 18 Findings and Recommendations re: 3 Petition for Writ of Habeas Corpus, filed by Bobby Miller. If petitioner files a notice of appeal, he shall be entitled to proceed in forma pauperis pursuant to Fed. R. App. P. 24(a)(3), (Ordered by Senior Judge Sidney A Fitzwater on 1/10/2022) (ndt) Modified date on 1/10/2022 (ndt).

Case 3:20-cv-00388-D-BN Document 22 Filed 01/10/22

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IN THE UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF TEXAS
DALLAS DIVISION
BOBBY MILLER
TDCJ No. 2126115,
Petitioner,
V.
DIRECTOR, TDCJ-CID,
Respondent.

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No. 3:20-CV-0388‐D

ORDER
After reviewing all relevant matters of record in this case, including the findings,
conclusions, and recommendation of the United States Magistrate Judge and
petitioner’s objections, in accordance with 28 U.S.C. § 636(b)(1), the undersigned
district judge is of the opinion that the findings and conclusions of the magistrate judge
are correct, and they are adopted as the findings and conclusions of the court.
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

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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, he shall be entitled to proceed in forma
pauperis pursuant to Fed. R. App. P. 24(a)(3),
SO ORDERED.
January 10, 2022.

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SIDNEY A. FITZWATER
SENIOR JUDGE

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