Cooper v. Thaler, Director TDCJ-CID
Filing
21
Order Accepting Findings and Recommendations and Denying Certificate of Appealability re: 17 Findings and Recommendations on Case re: 1 Petition for Writ of Habeas Corpus, filed by Steven Wayne Cooper. Magistrate Judge Jeffrey L Cureton no longer assigned to case. Cooper's petition for writ of habeas corpus under 28 USC 2254 is denied. (Ordered by Judge Terry R Means on 11/5/2013) (wrb)
IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF TEXAS
FORT WORTH DIVISION
STEVEN WAYNE COOPER,
VS.
WILLIAM STEPHENS,
Director, T.D.C.J.
Correctional Institutions Div.
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§
§
§
§
CIVIL ACTION NO.4:13-CV-082-Y
ORDER ADOPTING MAGISTRATE JUDGE'S FINDINGS AND CONCLUSIONS
AND ORDER DENYING CERTIFICATE OF APPEALABILITY
In this action brought by petitioner Steven Wayne Cooper under
28 U.S.C. § 2254, the Court has made an independent review of the
following matters in the above-styled and numbered cause:
1.
The pleadings and record;
2.
The proposed findings, conclusions, and recommendation of
the United States magistrate judge filed on September 11,
2013; and
3.
The petitioner's written objections to the proposed
findings, conclusions, and recommendation of the United
States magistrate judge filed on October 16, 2013.1
The Court, after de novo review, concludes that Petitioner’s
objections must be overruled, and that the petition for writ of
habeas corpus should be denied and the request for an evidentiary
hearing denied, for the reasons stated in the magistrate judge's
findings and conclusions.
Therefore, the findings, conclusions, and recommendation of
the magistrate judge are ADOPTED.
Steven Wayne Cooper’s petition for writ of habeas corpus under
28 U.S.C. § 2254 is DENIED.
Certificate of Appealability
Federal Rule of Appellate Procedure 22 provides that an appeal
may not proceed unless a certificate of appealability (COA) is
1
Filed within the extended time provided by this Court.
issued under 28 U.S.C. § 2253.2 Rule 11 of the Rules Governing
Section 2254 Proceedings now requires that the Court “must issue or
deny a certificate of appealability when it enters a final order
adverse to the applicant.”3 The COA may issue “only if the applicant has made a substantial showing of the denial of a constitutional right.”4 A petitioner satisfies this standard by showing
“that jurists of reason could disagree with the district court’s
resolution of his constitutional claims or that jurists of reason
could
conclude
the
issues
presented
are
adequate
to
deserve
encouragement to proceed further.”5
Upon review and consideration of the record in the abovereferenced case as to whether petitioner Cooper has made a showing
that reasonable jurists would question this Court’s rulings, the
Court determines he has not and that a certificate of appealability
should not issue for the reasons stated in the September 11, 2013,
Findings, Conclusions, and Recommendation of the United States
Magistrate Judge.6
Therefore, a certificate of appealability should not issue.
SIGNED November 5, 2013.
____________________________
TERRY R. MEANS
UNITED STATES DISTRICT JUDGE
2
See Fed. R. App. P. 22(b).
3
RULES GOVERNING SECTION 2254 PROCEEDINGS IN THE UNITED STATES DISTRICT COURTS, RULE
11(a) (December 1, 2009).
4
28 U.S.C.A. § 2253(c)(2)(West 2006).
5
Miller-El v. Cockrell, 537 U.S. 322, 326 (2003)(citing Slack v. McDaniel,
529 U.S. 473, 484 (2000)).
6
Fed. R. App. P. 22(b); see also 28 U.S.C.A. § 2253(c)(2)(West 2006).
2
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