Doyle v. Gonzales
Doyle v. Gonzales
Trial Court Opinion
IN THE UNITED STATES DISTRICT COURT] Norrtinan pif! COURT FOR THE NORTHERN DISTRICT OF TEXAS FILED OF TEXAS AMARILLO DIVISION ALLYN SHANE DOYLE, ook US. DISTRICT CouRT Petitioner, §
v. 2:20-CV-206-Z-BR DIRECTOR, TDCJ-CID, : Respondent. □
ORDER On April 13, 2022, the United States Magistrate Judge entered a findings, conclusions, and recommendation (““FCR”) to dismiss the Petition for a Writ of Habeas Corpus filed by Allyn Shane Doyle (“Petitioner”) (ECF No. 12). No objections to the FCR have been filed. After making an independent review of the pleadings, files, and records in this case, the Court ADOPTS the Magistrate Judge’s FCR. The Petition for a Writ of Habeas Corpus is DISMISSED WITH PREJUDICE as time barred. 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
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(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, 529 US. at 484. If Petitioner files a notice of appeal, he must pay the $505.00 appellate filing fee or submit a motion to proceed in forma pauperis on appeal. SO ORDERED. May G, 2022 Vn M HEW J. KACSMARYK TED STATES DISTRICT JUDGE
Reference
- Status
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