Mendez Garcia v. Davis-Director TDCJ-CID
Order Accepting 23 Findings and Recommendations and Denying Certificate of Appealability. On 6/11/2020, this Court granted Petitioner leave to proceed in forma pauperis. His in forma pauperis status will carry over on appeal. (Ordered by Chief District Judge David C Godbey on 11/18/2022) (axm)
IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF TEXAS
SAMMY MENDEZ GARCIA,
No. 3:20-cv-01390-N (BT)
ORDER ACCEPTING FINDINGS AND RECOMMENDATION
OF THE UNITED STATES MAGISTRATE JUDGE
After making an independent review of the pleadings, files and records in this case, and
the Findings, Conclusions, and Recommendation of the United States Magistrate Judge dated
October 26, 2022, including de novo review of those portions to which objection was made, the
Court finds that the Findings and Recommendation of the Magistrate Judge are correct, and they
are accepted as the Findings, Conclusions, and Recommendation of the Court.
IT IS, THEREFORE, ORDERED that the Findings, Conclusions, and Recommendation
of the United States Magistrate Judge are accepted. Moreover, considering the record in this case
and pursuant to Federal Rule of Appellate Procedure 22(b) and Rule 11(a) of the Rules Governing
Section 2254 Proceedings in the United States District Court, 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 Petitioner has failed to show that (1) reasonable jurists would find this Court’s
“assessment of the constitutional claims debatable or wrong,” or (2) 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).
On June 11, 2020, this Court granted Petitioner leave to proceed in forma pauperis. His
in forma pauperis status will carry over on appeal.
SO ORDERED this 18th day of November, 2022.
DAVID C. GODBEY
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