Opinion
Civil Action 7:21-cv-00022-M-BP
10-07-2021
JOHN VANOUS, TDCJ No. 2084056, Plaintiff, v. JIMMY SMITH, Senior Warden, Texas Department of Criminal Justice, Correctional Institutions Division, et al., Defendants.
ORDER ACCEPTING FINDINGS AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE
BARBARA M.G. LYNN, CHIEF JUDGE
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.
It is therefore ORDERED that this case is DISMISSED WITHOUT PREJUDICE.
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, plaintiff 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 plaintiff 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).
SO ORDERED