Wooten v. Potter County Sheriff's Department

Opinion

IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF TEXAS AMARILLO DIVISION ROBERT CLYDE WOOTEN, Petitioner, v. 2:25-CV-102-Z-BR POTTER COUNTY DETENTION CENTER, Respondent. ORDER ADOPTING FINDINGS, CONCLUSIONS, AND RECOMMENDATION AND DISMISSING PETITION FOR WRIT OF HABEAS CORPUS Before the Court are the Findings, Conclusions, and Recommendation of the United States Magistrate Judge to grant Respondent’s Motion to Dismiss the Petition for a Writ of Habeas Corpus filed by the petitioner in this case. ECF No. 9. No objections to the findings, conclusions, and recommendation have been filed. After making an independent review of the pleadings, files, and records in this case, the District Judge concludes that Findings, Conclusions, and Recommendation of the Magistrate Judge are correct. It is therefore ORDERED that the Findings, Conclusions, and Recommendation of the Magistrate Judge (ECF No. 11) are ADOPTED, Respondent's Motion is GRANTED, and the Petition for a Writ of Habeas Corpus is DISMISSED for lack of subject-matter jurisdiction. Considering the record in this case and pursuant to Federal Rule of Appellate Procedure 22(b) and 28 U.S.C. Section 2253(c), the Court denies a certificate of appealability because Petitioner has failed to make “a substantial showing of the denial of a constitutional right.” Slack v. McDaniel, 529 U.S. 473, 484 (2000); see also Hernandez v. Thaler, 630 F.3d 420, 424 (5th Cir. 2011). 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 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, 529 U.S. at 484. SO ORDERED. September é. 2025

MATTHEW J. KACSMARYK UNITED STATES DISTRICT JUDGE