Opinion
Civil Action No. 7:19-cv-00122-M-BP
12-29-2020
VINCENT RAY MITCHELL, TDCJ No. 02257747, Petitioner, v. NFN WEBB, Warden, Respondent.
ORDER ACCEPTING FINDINGS AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE
The United States Magistrate Judge made Findings, Conclusions, and a Recommendation in this case. Petitioner filed objections on December 21, 2020. The District Court reviewed the proposed Findings, Conclusions, and Recommendation de novo. Finding no error, the Court ACCEPTS the Findings, Conclusions, and Recommendation of the United States Magistrate Judge, and it is therefore ORDERED that the Petition for Habeas Corpus (ECF No. 3) is DENIED.
In accordance with Fed. R. App. P. 22(b) and 28 U.S.C. § 2253(c) and after considering the record in this case and the recommendation of the Magistrate Judge, petitioner is DENIED a Certificate of Appealability. The Court adopts and incorporates by reference the Magistrate Judge's Findings, Conclusions and Recommendation 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 the petitioner files a notice of appeal, he must pay the $505.00 appellate filing fee or submit a motion to proceed in forma pauperis and a properly signed certificate of inmate trust account.
SO ORDERED this 29th day of December, 2020.
/s/ _________
BARBARA M. G. LYNN
CHIEF JUDGE