Williams v. USA

Filing 9

Order Accepting Findings and Recommendations and Denying Certificate of Appealability re: 8 Findings and Recommendations on Case re: 2 Motion to Vacate under 28 U.S.C. 2255 filed by Damon Williams. (Ordered by Judge Jane J Boyle on 11/17/2022) (svc)

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Case 3:21-cv-00943-B-BT Document 9 Filed 11/17/22 Page 1 of 2 PageID 80 UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF TEXAS DALLAS DIVISION DAMON WILLIAMS, Movant, v. UNITED STATES OF AMERICA, Respondent. § § § § § § § § No. 3:21-cv-943-B (BT) No. 3:18-cr-291-B-2 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 November 3, 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, 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 [motion] 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). Case 3:21-cv-00943-B-BT Document 9 Filed 11/17/22 Page 2 of 2 PageID 81 SO ORDERED this 17th day of November, 2022. _________________________________ JANE J. BOYLE UNITED STATES DISTRICT JUDGE 2

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