Allen-Straight v. Johnson County Sheriff Department et al

Filing 7

ORDER ACCEPTING FINDINGS, CONCLUSIONS, AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE AND DENYING A CERTIFICATE OF APPEALABILITY. (Ordered by Judge Ed Kinkeade on 3/12/2025) (chmb)

Case 3:24-cv-03150-K-BN

Document 7

Filed 03/12/25

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IN THE UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF TEXAS
DALLAS DIVISION
BONNIE RUTH ALLEN-STRAIGHT,
#02446019,
Petitioner,
V.
JOHNSON COUNTY SHERIFF
DEPARTMENT, ET AL.,
Respondent.

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No. 3:24-cv-3150-K

ORDER ACCEPTING 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 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
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Case 3:24-cv-03150-K-BN

Document 7

Filed 03/12/25

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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.

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 12th, 2025.

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ED KINKEADE
UNITED STATES DISTRICT JUDGE

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