4:23-cv-03539•Fields v. United States of America
Texte intégral
United States District Court Southern District of Texas ENTERED July 20, 2026 Nathan Ochsner, Clerk Case 4:23-cv-03539 Document 11 Filed 07/17/26 in TXSD Page 1 of 3
Case 4:23-cv-03539 Document 11 Filed 07/17/26 in TXSD Page 2 of 3
Case 4:23-cv-03539 Document 11 Filed 07/17/26 in TXSD Page 3 of 3
OCR transcription for search; preserved printed pages are authoritative
Case 4:23-cv-03539 Documenti1- Filed 07/17/26in TXSD Page1of3 United States District Court Southem District of Texas ENTERED IN THE UNITED STATES DISTRICT COURT July 20, 2026 FOR THE SOUTHERN DISTRICT OF TEXAS Nathan Ochsner, Clerk HOUSTON DIVISION UNITED STATES OF AMERICA, Plaintiff-Respondent, CRIM NO. 4:18-cr-0316 Vv. CIV. NO. 4:23-cv-3539 WINFRED FIELDS, tr t tt WM wi Wi tw tw Defendant-Movant. ORDER ADOPTING RECOMMENDATION OF THE MAGISTRATE JUDGE Pending is Defendant-Movant Winfred Fields’s Motion to Vacate his Sentence Under 28 U.S.C. § 2255 (Docket No. 1). The Court has received from the Magistrate Judge a Memorandum and Recommendation, recommending that Fields’s motion be denied. Fields did not file objections to the Magistrate Judge’s Memorandum and Recommendations (Docket No. 10). The Court, after having made a de novo determination of Fields’s Motion to vacate, correct, or modify his sentence under 28 U.S.C. § 2255, is of the opinion that the findings and recommendations of the Magistrate Judge are correct and should be and hereby are accepted by the Court. It is therefore ORDERED and ADJUDGED for the reasons set forth in the Memorandum and Recommendation of the United States Magistrate Judge entered on June 22, 2026, which is adopted in its entirety AUTHENTICATED U.S. GOVERNMENT INFORMATION GPO Case 4:23-cv-03539 Documenti1- Filed 07/17/26in TXSD Page 2of3 as the opinion of the Court, that Fields’s § 2255 Motion to Vacate, Set Aside or Correct Sentence (Document No. 1) is DENIED, his request for an evidentiary hearing is denied and this § 2255 proceeding is DISMISSED WITH PREJUDICE. It is further ORDERED that a certificate of appealability is DENIED. A certificate of appealability from a habeas corpus proceeding will not issue unless the petitioner makes “a substantial showing of the denial of a constitutional right.” 28 U.S.C. § 2253(c)(2). This standard “includes showing that reasonable jurists could debate whether (or, for that matter, agree that) the petition should have been resolved in a different manner or that the issues presented were adequate to deserve encouragement to proceed further.” Slack v. McDaniel, 120 S. Ct. 1595, 1603-1604 (2000) (internal quotations and citations omitted). Stated differently, where the claims have been dismissed on the merits, the petitioner “must demonstrate that reasonable jurists would find the district court's assessment of the constitutional claims debatable or wrong.” Id. at 1604; Beazley v. Johnson, 242 F.3d 248, 263 (5th Cir.), cert. denied, 122 S.Ct. 329 (2001). When the claims have been dismissed on procedural grounds, the petitioner must show that “jurists of reason would find it debatable whether the petition states a valid claim of the denial of constitutional right and that jurists of reason would find it debatable whether the district court was correct in its procedural ruling.” Slack, 120 S.Ct. at 1604. A district court may deny a certificate of appealability sua sponte, Case 4:23-cv-03539 Documenti1- Filed 07/17/26in TXSD Page 3of3 without requiring further briefing or argument. Alexander v. Johnson, 211 F.3d 895, 8998 (5th Cir. 2000). For the reasons set forth in the Report and Recommendation, which has been adopted as the opinion of the Court, the Court finds that reasonable jurists would not find debatable the substantive or procedural determinations made herein. Thus, a certificate of appealability is DENIED. The Clerk will enter this Order, providing a correct copy to all parties of record. SIGNED at Houston, Texas, on this ay of July, 2026. A Wing Waltiix, a EWING WERL EIN, OR. UNITED ayers DISTRICT JUDGE
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