Keith v. Director, TDCJ-CID

IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF TEXAS
AMARILLO DIVISION
COREY KEITH,
Petitioner,
v. 2:24-CV-033-Z-BR
DIRECTOR, TEXAS DEPARTMENT OF
CRIMINAL JUSTICE,
Respondent.
ORDER ADOPTING FINDINGS, CONCLUSIONS, AND RECOMMENDATION
AND DISMISSING PETITION FOR WRIT OF HABEAS CORPUS
Before the Court are the findings, conclusions, and recommendation (“FCR”) of the
United States Magistrate Judge to deny the Petition for a Writ of Habeas Corpus filed by the
petitioner in this case. ECF No. 48. No objections to the FCR have been filed. After making
an independent review of the pleadings, files, and records in this case, the District Judge
concludes that the FCR of the Magistrate Judge is correct. It is therefore ORDERED that
the FCR of the Magistrate Judge (ECF No. 48) is ADOPTED, and the Petition for a Writ of
Habeas Corpus is DISMISSED with prejudice.
Considering the record in this case and pursuant to Federal Rule of Appellate
Procedure 22(b), Rule 11(a) of the Rules Governing Section 2254 Cases in the United States
District Courts, and 28 U.S.C. § 2253(c), the Court denies a certificate of appealability
because Petitioner has failed to make “a substantial showing of the denial of a constitutional
right.” Slack v. McDaniel, 529 U.S. 478, 484 (2000); see also Hernandez v. Thaler, 630 F.3d
420, 424 (5th Cir. 2011). 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 (1) reasonable jurists would find this Court’s
“assessment of the constitutional claims debatable or wrong,” or (2) reasonable jurists would
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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, 529
USS. at 484.
SO ORDERED.
February —, 2026
MATTHEW J. KACSMARYK
UNITED STATES DISTRICT JUDGE
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