Long v. Director, TDCJ-CID, No. 2:2023cv00021 - Document 13 (N.D. Tex. 2023)
Court Description: ORDER ADOPTING FINDINGS, CONCLUSIONS, AND RECOMMENDATION AND DISMISSING PETITION FOR WRIT OF HABEAS CORPUS and Denying Certificate of Appealability re: 12 Findings and Recommendations on Case re: 3 Petition for Writ of Habeas Corpus, filed by Jason Anthony Long. (Ordered by Judge Matthew J. Kacsmaryk on 9/25/2023) (nht)
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Long v. Director, TDCJ-CID Doc. 13 Case 2:23-cv-00021-Z-BR Document 13 Filed 09/25/23 Page 1 of 2 PageID 817 N THE LINITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF TEXAS AMARILLO DIVISION JASON ANTHONY LONG, Petitioner 2:23-CV-021 -Z-BR v LINITED STATES OF AMERICA, 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 dismiss the Petition for a Writ of Habeas Corpus filed by the petitioner in this case as untimely. ECF No. 12. No objections to the findings, conclusions, and recommendation have been filed. After making an independent review of the pleadings, files, records, and objections in this case, the Court concludes that the findings, conclusions, and recommendation of Magistrate Judge are correct. It is therefore the ORDERED that the findings, conclusions, and recommendation of the Magistrate Judge are ADOPTED, and the Petition for a Writ of Habeas Corpus is DISMISSED. Considering the record in this case and pursuant to Federal Rule of Appellate Procedure 22(b), Rule I l(a) of the Rules Governing Section 2254 Cases in the United States District Courts, and 28 U.S.C. $ 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. 201 I ). The Court ADOPTS and incorporates by reference the Magistrate Judge's findings, conclusions, and Dockets.Justia.com Case 2:23-cv-00021-Z-BR Document 13 Filed 09/25/23 Page 2 of 2 PageID 818 recommendation filed in this case in support of its finding that Petitioner has failed to show (l) 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. IT IS SO ORDERED. September fion KACSMARYK LINITED STATES DISTRICT JUDGE J. 2
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