Wilson v. The State of Texas

Filing 24

Order Accepting 23 Findings and Recommendations of the United States Magistrate Judge and Denying Certificate of Appealability. On 3/15/2021, Petitioner was granted leave to proceed in forma pauperis. That status will carry over on appeal. (Ordered by Judge Ed Kinkeade on 11/17/2022) (sxf)

Case 3:21-cv-00349-K-BT Document 24 Filed 11/17/22

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IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF TEXAS
DALLAS DIVISION
GLADSTON EDWARD WILSON,
#2153710
Petitioner,
v.
THE STATE OF TEXAS, et al.,
Respondents.

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No. 3:21-cv-00349-K (BT)

ORDER ACCEPTING FINDINGS AND RECOMMENDATION
OF THE UNITED STATES MAGISTRATE JUDGE AND
DENYING CERTIFICATE OF APPEALBILITY
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 November 2, 2022, 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.
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

Case 3:21-cv-00349-K-BT Document 24 Filed 11/17/22

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support of its finding that the 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 March 15, 2021, Petitioner was granted leave to proceed in forma pauperis.
That status will carry over on appeal.
SO ORDERED.
Signed November 17th, 2022.

_____________________________________
ED KINKEADE
UNITED STATES DISTRICT JUDGE

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