Wiggins v. Director, TDCJ-CID

Filing 13

Order Adopting 9 Supplemental Findings and Recommendations and Denying Certificate of Appealability. (Ordered by Senior Judge Sidney A Fitzwater on 3/26/2024) (axm)

IN THE UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF TEXAS
DALLAS DIVISION
HERBERT LAVONNE WIGGINS,
TDCJ No. 1370636,

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Petitioner,
V.
DIRECTOR, TDCJ-CID,
Respondent.

No. 3:23-CV-2598-D

ORDER
The United States Magistrate Judge made findings, conclusions, and a
recommendation (as supplemented) in this case.

Petitioner filed objections on

February 8, 2024 (styled as a Rule 59(e) motion) and a Rule 59(e) and Rule 60(b)
motion on March 5, 2024. The undersigned district judge reviewed de novo those
portions

of

the

proposed

findings,

conclusions,

and

recommendation

(as

supplemented) to which objection was made, and reviewed the remaining proposed
findings, conclusions, and recommendation for plain error.

Finding no error, the

court adopts the findings, conclusions, and recommendation (as supplemented) of the
United States Magistrate Judge.
The court denies petitioner’s motions filed on February 8, 2024 and March 5,
2024.
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,
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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 (as supplemented) filed in this case 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).
But if petitioner files a notice of appeal, he must either pay the applicable
appellate filing fee or move for leave to appeal in forma pauperis.
SO ORDERED.
March 26, 2024.

______________________________________
SIDNEY A. FITZWATER
SENIOR JUDGE

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