IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF TEXAS DALLAS DIVISION MARCELINO RUIZ, § #55763-177 § Movant, § § No. 3:20-cv-03670-M (BT) V. § No. 3:17-cr-00190-M-1 § UNITED STATES OF AMERICA, § 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 October 21, 2022. The Court has reviewed the Findings, Conclusions, and Recommendation for plain error and has found none. IT IS, THEREFORE, ORDERED that the Findings, Conclusions, and Recommendation of the United States Magistrate Judge are accepted. Considering the record in this case, 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 the Movant has failed to show that (1) reasonable jurists would find this Court’s “assessment of the constitutional claims debatable or wrong,” or (2) reasonable jurists would find “it debatable whether the [motion] states a valid claim of the denial of a constitutional right” and “debatable whether [this Court] was correct in its procedural ruling.” Slack v. McDaniel,

(2000). SO ORDERED this 14th day of November, 2022.

[Ye VG Lepr [BAR BARA M. G. KYNN ANITED STATES DISTRICT JUDGE