Opinion
No. 3:17-CV-2512-M
06-30-2020
BOBBY JOE EVENS, ID # 1995944, Petitioner, v. LORIE DAVIS, Director, Texas Department of Criminal Justice, Correctional Institutions Division, Respondent.
Referred to U.S. Magistrate Judge
ORDER ACCEPTING FINDINGS AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE AND DENYING CERTIFICATE OF APPEALABILITY
After reviewing all relevant matters of record in this case, including the Findings, Conclusions, and Recommendation of the United States Magistrate Judge for plain error, I am of the opinion that the Findings and Conclusions of the Magistrate Judge are correct and they are accepted as the Findings and Conclusions of the Court.
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, the petitioner is DENIED a Certificate of Appealability in connection with the July 11, 2019 order overruling his objections and denying him relief under Fed. R. Civ. P. 59(e) (doc. 28) for the reasons set forth in that order, as well as those set forth in the June 14, 2019 Findings, Conclusions and Recommendation filed in this case (doc. 24). 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).
SIGNED this 30th day of June, 2020.
/s/ _________
BARBARA M. G. LYNN
CHIEF JUDGE