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Sorrell v. State

United States District Court, Fifth Circuit

December 4, 2013

ELMER SORRELL, #XXXXX-XXX, Petitioner,
v.
STATE OF TEXAS, Respondent.

ORDER

SAM A. LINDSAY, District Judge.

Before the court is Petitioner Elmer Sorrell's ("Petitioner") Petition for Writ of Habeas Corpus, filed pursuant to 28 U.S.C. § 2254. The case was referred to Magistrate Judge Renee Harris Toliver, who entered Findings, Conclusions and Recommendation of the United States Magistrate Judge ("Report") on November 8, 2013, recommending that Petitioner's habeas petition be dismissed without prejudice for lack of jurisdiction. Petitioner filed objections to the Report, dated November 25, 2013.

Having reviewed the pleadings, file, objections, and record in this case, and the findings and conclusions of the magistrate judge, the court determines that the findings and conclusions of the magistrate judge are correct and accepts them as those of the court. The court therefore overrules Petitioner's objections, denies his Petition for Writ of Habeas Corpus, and dismisses without prejudice this action for lack of jurisdiction.

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 determines that 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). In support of this determination, the court accepts and incorporates by reference the magistrate judge's report filed in this case. In the ...


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