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Mata v. United States

UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF TEXAS DALLAS DIVISION
Jan 26, 2012
No. 3:11-CV-1365-D (N.D. Tex. Jan. 26, 2012)

Opinion

No. 3:11-CV-1365-D No. 3:08-CR-0267-D (15)

01-26-2012

RIGOBERTO MATA, JR., ID # 35080-079, Movant, v. UNITED STATES OF AMERICA, Respondent.


ORDER

After making an independent review of the pleadings, files, and records in this case, and the findings, conclusions, and recommendation of the magistrate judge, the court concludes that the findings and conclusions are correct. It is therefore ordered that the findings, conclusions, and recommendation of the magistrate judge are adopted.

Considering the record in this case and pursuant to Fed. R. App. P. 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 the petitioner has failed to show (1) that reasonable jurists would find this court's "assessment of the constitutional claims debatable or wrong," or (2) that reasonable jurists would find "it debatable whether the petition states a valid claim of the denial of a constitutional right" and "debatable whether [this court] was correct in its procedural ruling." Slack v. McDaniel, 529 U.S.473, 484 (2000).

If petitioner files a notice of appeal,

() petitioner may proceed in forma pauperis on appeal.

(×) petitioner must pay the $455.00 appellate filing fee or submit a motion to proceed in forma pauperis.

SO ORDERED.

_______________

SIDNEY A. FITZWATER

CHIEF JUDGE


Summaries of

Mata v. United States

UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF TEXAS DALLAS DIVISION
Jan 26, 2012
No. 3:11-CV-1365-D (N.D. Tex. Jan. 26, 2012)
Case details for

Mata v. United States

Case Details

Full title:RIGOBERTO MATA, JR., ID # 35080-079, Movant, v. UNITED STATES OF AMERICA…

Court:UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF TEXAS DALLAS DIVISION

Date published: Jan 26, 2012

Citations

No. 3:11-CV-1365-D (N.D. Tex. Jan. 26, 2012)