Sheldon v. Zook

District Court, N.D. Texas

Sheldon v. Zook

Trial Court Opinion

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF TEXAS DALLAS DIVISION GARY SHELDON, ) # 13437-045, ) Petitioner, ) ) No. 3:20-CV-3356-B-BH vs. ) ) K ZOOK, Warden, ) Respondent. ) ORDER ACCEPTING FINDINGS AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE After reviewing all relevant matters of record in this case, including the Findings, Conclusions, and Recommendation of the United States Magistrate Judge and any objections thereto, in accordance with

28 U.S.C. § 636

(b)(1), the Court is of the opinion that the Findings and Conclusions of the Magistrate Judge are correct and they are accepted as the Findings and Conclusions of the Court. For the reasons stated in the Findings, Conclusions, and Recommendation of the United States Magistrate Judge, the Petition for Writ of Habeas Corpus Under

28 U.S.C. §2241

, received on November 10, 2020 (doc. 3), is SUMMARILY DISMISSED with prejudice. A certificate of appealability (COA) is not required to appeal the denial of relief under

28 U.S.C. § 2241

. See Padilla v. United States,

416 F. 424

, 425 (5th Cir. 2005). If the petitioner files a notice of appeal, he must pay the $505.00 appellate filing fee or submit a motion to proceed in forma pauperis and a properly signed certificate of inmate trust account. SIGNED this 25" day of September, 2023.

JANE J. BOYI. UTED ST S DISTRICT JUDGE

Reference

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