United States District Court, N.D. Texas, Dallas Division
SHANE MATTHEW NETTLES, (TDCJ No. 1566038), Petitioner,
LORIE DAVIS, Director Texas Department of Criminal Justice, Correctional Institutions Division, Respondent.
ORDER ACCEPTING FINDINGS, CONCLUSIONS, AND
RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE AND
DENYING CERTIFICATE OF APPEALABILITY
J. BOYLE, UNITED STATES DISTRICT JUDGE
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
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
[Dkt. No. 23] 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 whether [this Court] was
correct in its procedural ruling.” Slack v.
McDaniel, 529 U.S. 473, 484 (2000).
event that Petitioner appeals, he shall pay the appellate
filing fee or move for leave to proceed in forma
pauperis on appeal.
 Rule 11 of the Rules Governing
§§ 2254 and 2255 Cases, as amended effective on
December 1, 2009, 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 ...