IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF TEXAS AMARILLO DIVISION BRENDA AURORA PAYNE, Petitioner, 2:22-CV-126-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. 9. 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 Petitioner's case 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,

. 484 (2000): see also Hernandez v. Thaler,

(Sth Cir. 2011). 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 (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,

. IT ISSO ORDERED. September z1 2023 faced f ee SS MATTHEW J. KACSMARYK UNITED STATES DISTRICT JUDGE