IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF TEXAS DALLAS DIVISION

SHAWN BRADEN, § Petitioner, § § v. § No. 3:19-cv-02976-K (BT) § DIRECTOR, TDCJ-CID, § 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 June 7, 2022. 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. Moreover, 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 Proceedings in the United States District Court, and

(c), 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 Petitioner has failed to show reasonable jurists would find (1) this Court’s “assessment of the constitutional claims debatable or wrong,” or (2) “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 vp. McDaniel,

(2000). Petitioner paid the filing fee before this Court. If he files a notice of appeal, he must pay the $505.00 appellate filing fee or submit a motion to proceed in forma pauperis. SO ORDERED. Signed June 22", 2022.

EDKINKEADE UNITED STATES DISTRICT JUDGE