United States District Court NORTHERN DISTRICT OF TEXAS DALLAS DIVISION CHRISTIAN CABALLERO, § v. CIVIL ACTION NO. 3:22-CV-00616-S-BK UNITED STATES OF AMERICA : ORDER ACCEPTING FINDINGS, CONCLUSIONS AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE The United States Magistrate Judge made findings, conclusions, and a recommendation in this case. No objections were filed. The Court reviewed the proposed Findings, Conclusions and Recommendation for plain error. Finding none, the Court ACCEPTS the Findings, Conclusions and Recommendation of the United States Magistrate Judge. Further, 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), the Court DENIES a certificate of appealability. The Court adopts and incorporates by reference the Findings, Conclusions and Recommendation of the United States Magistrate Judge filed in this case in support of its finding that the Movant 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 vy, McDaniel,

(2000).

If Movant 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 February 22, 2024. /

ITED STATES DISTRICT JUDGE