Johnson v. Director, TDCJ-CID

Filing 11

ORDER ADOPTING FINDINGS, CONCLUSIONS, AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE AND DENYING A CERTIFICATE OF APPEALABILITY. (Ordered by Judge Ed Kinkeade on 3/5/2025) (chmb)

IN THE UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF TEXAS
DALLAS DIVISION
JEROME JOHNSON,
TDCJ No. 1198301,

§
§
§
§
§
§
§
§
§
§

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

No. 3:24-cv-2863-K

ORDER ADOPTING FINDINGS, CONCLUSIONS, AND
RECOMMENDATION 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. No objections were filed. The District 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.
February 19, 2025.

Petitioner filed a Second Motion for Extension of Time on

The Motion is DENIED because it is futile. Petitioner must move

for authorization to file a successive habeas application in the United States Court of
Appeals for the Fifth Circuit.
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
1

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 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.

If Petitioner does file a notice of appeal, he must either pay the appellate filing
fee or move for leave to proceed in forma pauperis on appeal.
SO ORDERED.
Signed March 5th, 2025.

____________________________________
ED KINKEADE
UNITED STATES DISTRICT JUDGE
2