The opinion
United States District Court
NORTHERN DISTRICT OF TEXAS
DALLAS DIVISION
BARRY GAINES
Dailas Cnty. Jail Bookin No, 19045055 §
§
v. § CIVIL ACTION NO. 3:20-CV-1166-S
§
SHERIFF MARIAN BROWN §
ORDER ACCEPTING FINDINGS, CONCLUSIONS, AND
RECOMMENDATION OF THE UNITED STATES MAGISTRATE
JUDGE AND DENYING A CERTIFICATE OF APPEALABILITY
The United States Magistrate Judge made findings, conclusions, and a recommendation in
this case. No objections were filed. The District 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.
To the extent that a certificate of appealability is required,'! 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 28 U.S.C. § 2253(c), the Court DENIES a certificate of
appealability. 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 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 vy, McDaniel, 529 U.S. 473, 484 (2000).”
' See Stringer v. Williams, 161 F.3d 259, 262 (Sth Cir, 1998) (“[In Oje, w]e concluded that a COA was not
required in the § 2241 proceeding at issue there, because § 2253 clearly does not encompass challenges to federal
detention under § 2241. Just as clearly, however, § 2253 does encompass challenges to state detention under § 2241,
since “the detention complained of arises out of process issued by a State court.” We hold that, assuming Stringer is
a pretrial detainee, he must obtain a COA.”},
2 Rule 11 of the Rules Governing §§ 2254 and 2255 Cases, as amended effective on December 1, 2009,
reads as follows:
But, if Petitioner elects to file a notice of appeal, he must either pay the appellate filing fee
($505.00) or move for leave to proceed in forma pauperis on appeal,
SO ORDERED.
SIGNED June 5 , 2020.
INITED STATES DISTRICT JUDGE
(a) Certificate of Appealability. The district court must issue or deny a certificate of appealability
when it enters a final order adverse to the applicant. Before entering the final order, the court may direct the parties
to submit arguments on whether a certificate should issue. If the court issues a certificate, the court must state the
specific issue or issues that satisfy the showing required by 28 U.S.C, § 2253(c)(2}. Hf the court denies a certificate,
the parties may not appeal the denial but may seek a certificate from the court of appeals under Federal Rule of
Appellate Procedure 22, A motion to reconsider a denial does not extend the time to appeal.
(b} Time to Appeal. Federal Rule of Appellate Procedure 4(a} governs the time to appeal an order
entered under these rules. A timely notice of appeal must be filed even if the district court issues a certificate of
appealability.