Nunez v. Enge
Filing
8
Order Accepting #7 Findings and Recommendations and Denying Certificate of Appealability. (Ordered by Judge Karen Gren Scholer on 3/26/2024) (axm)
United States District Court
NORTHERN DISTRICT OF TEXAS
DALLAS DIVISION
VICTOR GABRIEL NUNEZ, TDCJ
No. 1505996
§
§
8
§
§
§
v.
JAMADRE L. ENGE, Senior Warden
CIVIL ACTION NO. 3:24-CV-0405-S-BN
ORDER ACCEPTING FINDINGS, CONCLUSIONS, AND RECOMMENDATION
OF THE UNITED STATES MAGISTRATE JUDGE
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 ACCEPTS 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 $§ 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 Magistrate Judge’s Findings, Conclusions, and Recommendation 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).!
' 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
But, if Petitioner elects to file a notice of appeal, Petitioner must either pay the appellate
filing fee or move for leave to appeal in forma pauperis.
SO ORDERED.
SIGNED March 26, 2024.
UNITED STATES DISTRICT JUDGE
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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