IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF TEXAS AMARILLO DIVISION PHOUPHET SAYASANE, Petitioner, V. 2:22-CV-154-Z-BR UNITED STATES OF AMERICA, Respondent.

ORDER ADOPTING FINDINGS, CONCLUSIONS, AND RECOMMENDATION Before the Court are the findings, conclusions, and recommendation of the United States Magistrate Judge to dismiss the

Motion to Vacate filed by Petitioner. ECF No. 5. No objections to the findings, conclusions, and recommendation have been filed. After making an independent review of the pleadings, files, and records in this case, the Court concludes that the findings, conclusions, and recommendation of the Magistrate Judge are correct. It is therefore ORDERED that the findings, conclusions, and recommendation of the Magistrate Judge are ADOPTED and the case is DISMISSED. Additionally, the Court DENIES a certificate of appealability (*“COA”).! A district court may deny a COA sua sponte and without requiring further briefing or argument. See Alexander v. Johnson,

(Sth Cir. 2000). Considering the record in this case and pursuant to Federal Rule of Appellate Procedure 22(b), Rule 11(a) of the Rules Governing §§ 2254 and 2255 proceedings, and

(c), and ADOPTING and INCORPORATING the Magistrate

' Because the Motion to Vacate is governed by the Antiterrorism and Effective Death Penalty Act, codified as amended at

, a COA is a “jurisdictional prerequisite” before an appeal may proceed. Miller-El v. Cockrell,

(2003) (citing

(c)(1)); Hallmark v. Johnson,

(Sth Cir. 1997) (noting §§ 2254 and 2255 actions require a COA).

Judge’s FCR, the Court finds that Plaintiff has failed to show that reasonable jurists would find “it debatable whether the petition states a valid claim of the denial of a constitutional right” or “debatable whether [this Court] was correct in its procedural ruling. Slack v. McDaniel,

(2000). IT ISSO ORDERED. September P2023 La

MATYVHEW J. KACSMARYK UNITED STATES DISTRICT JUDGE