U.S. DISTRICT COURT IN THE UNITED STATES DISTRICT COURT a, FOR THE NORTHERN DISTRICT OF TEXAS AMARILLO DIVISION CLERK, U.S. DISTRICT COURT? JAMES LACY BUTLER, § By—__,___“<)" Petitioner, ; 2:21-CV-241-Z-BR DIRECTOR, TDCJ-CID, : Respondent. : ORDER On January 14, 2022, the United States Magistrate Judge entered a Findings, Conclusions, and Recommendation (“FCR”) to Dismiss Petition for a Writ of Habeas Corpus filed by James Lacy Butler (“Petitioner”) (ECF No. 9). No objections to the FCR have been filed. After making an independent review of the pleadings, files, and records in this case, the Court ORDERS that the FCR of the Magistrate Judge is ADOPTED. The Petition for a Writ of Habeas Corpus (ECF No. 1) is DISMISSED. Considering the record in this case and pursuant to Federal Rule of Appellate Procedure 22(b), Rule 11(a) of the Rules Governing Section 2254 Cases in the United States District Courts, and

(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,

(2000); see also Hernandez v. Thaler,

(Sth Cir. 2011). The Court ADOPTS and INCORPORATES by reference the Magistrate Judge’s FCR 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,

. SO ORDERED. February @ , 2022. HilfeeeH MATVHEW J. KACSMARYK UNJAED STATES DISTRICT JUDGE