Reaves v. Smith

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IN THE UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF TEXAS
DALLAS DIVISION
SAMUEL LYN REAVES, 	§
TDCJ No. 02363039, 	§
§
Petitioner, 	§
§
V. 	§ 	No. 3:24-cv-1631-K
§
KEVIN SMITH ET AL., 	§
§
Respondents. 	§
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. Objections were filed (ECF No. 65). The District Court
reviewed 	de 	novo 	those 	portions 	of 	the 	proposed 	findings, 	conclusions, 	and
recommendation to which objection was made, and reviewed the remaining proposed
findings, conclusions, and recommendation for plain error. Finding no error, the Court
ACCEPTS the Findings, Conclusions, and Recommendation of the United States
Magistrate Judge. 	Petitioner’s Objections are OVERRULED. Petitioner’s Motion to
Compel (ECF No. 66), and Motion for Reconsideration (ECF No. 67) are DENIED.
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
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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 v. McDaniel, 529 U.S. 473, 484 (2000).
But, if Petitioner elects to file a notice of appeal, Petitioner must either pay the
appellate filing fee or move for leave to appeal in forma pauperis.
SO ORDERED.
Signed March 10th , 2026.
____________________________________
ED KINKEADE
UNITED STATES DISTRICT JUDGE
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