Mason v. Director, TDCJ-CID
Order Accepting #8 , #11 Findings and Recommendations and Denying Certificate of Appealability. (Ordered by Judge Ada Brown on 11/14/2023) (axm) Modified text on 11/14/2023 (axm).
IN THE UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF TEXAS
DEONDRAY RAYMOND MASON,
TDCJ No. 2198087,
ORDER ACCEPTING FINDINGS, CONCLUSIONS, AND
RECOMMENDATIONS OF THE UNITED STATES MAGISTRATE
JUDGE AND DENYING A CERTIFICATE OF APPEALABILITY
The United States Magistrate Judge made findings, conclusions, and a
recommendation in this case (the FCR). After Petitioner moved to amend his habeas
application, the Magistrate Judge supplemented the FCR. Objections were filed. The
District Court reviewed de novo those portions of the FCR as supplemented to which
objection was made and reviewed the remaining portions for plain error. Finding no
error. Finding none, the Court ACCEPTS the Findings, Conclusions, and
Recommendation of the United States Magistrate Judge and the Supplemental
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 §§ 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 FCR as supplemented in support of its
finding that Petitioner has failed to show that reasonable jurists would find “it
debatable whether the petition states a valid claim of the denial of a constitutional
right” or “debatable whether [this Court] was correct in its procedural ruling.” Slack
v. McDaniel, 529 U.S. 473, 484 (2000). 1
But, if Petitioner elects to file a notice of appeal, Petitioner is GRANTED leave
to appeal in forma pauperis.
SO ORDERED: November 14, 2023.
Rule 11 of the Rules Governing §§ 2254 and 2255 Cases, as amended effective on
December 1, 2009, reads as follows:
(a) Certificate of Appealability. The district court must issue or deny a
certificate of appealability when it enters a final order adverse to the applicant. Before
entering the final order, the court may direct the parties to submit arguments on whether a
certificate should issue. If the court issues a certificate, the court must state the specific issue
or issues that satisfy the showing required by 28 U.S.C. § 2253(c)(2). If the court denies a
certificate, the parties may not appeal the denial but may seek a certificate from the court of
appeals under Federal Rule of Appellate Procedure 22. A motion to reconsider a denial does
not extend the time to appeal.
(b) Time to Appeal. Federal Rule of Appellate Procedure 4(a) governs the time
to appeal an order entered under these rules. A timely notice of appeal must be filed even if
the district court issues a certificate of appealability.
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