Colbert v. Director, TDCJ-CID

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IN THE UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF TEXAS
DALLAS DIVISION
CHRISTOPHER BRIAN COLBERT, 	§
TDCJ No. 2245499, 	§
§
Petitioner, 	§
§ 	No. 3:25-cv-649-K
V. 	§
§
DIRECTOR, TDCJ-CID, 	§
§
Respondent. 	§
ORDER ADOPTING 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. Petitioner filed a Motion to Stay and Abeyance, which
the Court treats as Objections to the findings, conclusions, and recommendation. 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 ADOPTS the Findings, Conclusions, and Recommendation of the United
States Magistrate Judge. Petitioner’s Motion to Stay and Abeyance is 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 does file a notice of appeal, he must either pay the appellate
filing fee or move for leave to proceed in forma pauperis on appeal.
SO ORDERED.
Signed March 10th , 2026.
____________________________________
ED KINKEADE
UNITED STATES DISTRICT JUDGE
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