Mason v. State of Texas

Filing 18

ORDER Adopting 17 Findings and Recommendations on Case and Denying Certificate of Appealability. (Ordered by Senior Judge Sidney A Fitzwater on 3/26/2024) (sxf)

IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF TEXAS
DALLAS DIVISION
DEONDRAY RAYMOND MASON,
#02198087,
PETITIONER,
V.

STATE OF TEXAS,
RESPONDENT.

§
§
§
§
§ CIVIL CASE NO. 3:23-CV-1636-D
§
§
§
ORDER

The United States Magistrate Judge made findings, conclusions, and a recommendation in
this case. No objections were filed.

The court 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.
Considering the record in this case and pursuant to Federal Rule of Appellate Procedure
22(b), Rule 11(a) of the Rules Governing Sections 2254 and 2255 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 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 whether [this Court] was correct in its
procedural ruling.” Slack v. McDaniel, 529 U.S. 473, 484 (2000).

If the petitioner files a notice of appeal, petitioner
☐ may proceed in forma pauperis on appeal.
☒ must pay the $605.00 appellate filing fee or submit a motion to proceed
in forma pauperis.
SO ORDERED.
March 26, 2024.
____________________________________
SIDNEY A. FITZWATER
SENIOR JUDGE