Rose v. United States

Opinion

IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF TEXAS DALLAS DIVISION CEDRIC ROSE, § Movant, § § No. 3:16-cv-02232-M (BT) v. § No. 3:07-cr-00169-M-1 § UNITED STATES OF AMERICA, § Respondent. § ORDER ACCEPTING FINDINGS AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE The Court has taken under consideration the Findings, Conclusions, and Recommendation of United States Magistrate Judge Rebecca Rutherford dated January 20, 2022. (Although in his Objection, the Movant references the March 6, 2020 Reconsideration of the Magistrate Judge, (ECF NO. 32), it was set aside on June 15, 2021 (ECF NO. 39)). The Court has made a de novo review of those portions of the Findings, Conclusions, and Recommendation to which objections were made. IT IS, THEREFORE, ORDERED that the Findings, Conclusions, and Recommendation of the United States Magistrate Judge are accepted, and the objections are overruled. Considering the record in this case, 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 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 [motion] 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 this 12th day of April, 2022. . ty L-¥e i -