UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF TEXAS

DALLAS DIVISION

ROOSEVELT HODGE, )

ID #714426 )

Petitioner, )

)

vs. ) No. 3:22-CV-625-B-BH

)

DIRECTOR, Texas Department of Criminal )

Justice, Correctional Institutions Division, )

Respondent. )

ORDER ACCEPTING FINDINGS AND RECOMMENDATION

OF THE UNITED STATES MAGISTRATE JUDGE AND

DENYING CERTIFICATE OF APPEALABILITY

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 Federal Writ of Habeas

Corpus Pursuant to 28 U.S.C. § 2241(a), received on January 14, 2022 (doc. 1), and transferred

to this district on March 17, 2022 (docs. 5, 6), is construed as a petition for a writ of habeas

corpus under 28 U.S.C. § 2254 and DENIED with prejudice as barred by the statute of

limitations.

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

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Rule 11 of the Rules Governing Section 2254 Cases in the United States District Courts, as amended effective

on December 1, 2019, reads as follows:

(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). If 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.

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 v. McDaniel, 529 U.S. 473, 484

(2000).1

In the event that 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 that is accompanied by a properly

signed certificate of inmate trust account

SIGNED this 7 day of April, 2022. th

_________________________________

JANE J. BOYLE

UNITED STATES DISTRICT JUDGE

1.

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