Filed: Jul. 26, 2013
Latest Update: Jul. 26, 2013
Summary: ORDER SIDNEY A. FITZWATER, Chief District Judge. 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, and the motion to vacate is denied with prejudice. In accordance with Fed. R. App. P. 22(b) and 28 U.S.C.
Summary: ORDER SIDNEY A. FITZWATER, Chief District Judge. 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, and the motion to vacate is denied with prejudice. In accordance with Fed. R. App. P. 22(b) and 28 U.S.C. ..
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ORDER
SIDNEY A. FITZWATER, Chief District Judge.
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, and the motion to vacate is denied with 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, a certificate of appealability is denied. The court adopts and incorporates by reference the magistrate judge's findings, conclusions and recommendation in support of its finding that movant 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 movant files a notice of appeal, he must pay the $455.00 appellate filing fee or submit a motion to proceed in forma pauperis that is accompanied by a properly signed certificate of inmate trust account.
SO ORDERED.
