The opinion
IN THE UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF TEXAS
DALLAS DIVISION
HAXANS WALDELL PALMER, §
§
Petitioner, §
§
v. § CIVIL ACTION NO. 3:19-cv-2994-E
§
SHERIFF MARIAN BROWN, §
§
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, Conclu-
sions, 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 Conclu-
sions 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 habeas corpus relief pursuant to 28 U.S.C. § 2254 will be
DISMISSED without prejudice for failure to exhaust state court remedies by separate judgment.
In accordance with Fed. R. App. P. 22(b) and 28 U.S.C. § 2253(c) and after considering
the record in this case and the recommendation of the Magistrate Judge, the petitioner is DENIED
a Certificate of Appealability. The Court adopts and incorporates by reference the Magistrate
Judge’s Findings, Conclusions and Recommendation in support of its finding that the 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
1
whether [this Court] was correct in its procedural ruling.” Slack v. McDaniel, 529 U.S. 473, 484
(2000).
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.
SO ORDERED.
SIGNED May 7, 2020.
________________________________
ADA BROWN
UNITED STATES DISTRICT JUDGE
2