3:24-cv-01631•Reaves v. Smith
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1 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 Case 3:24-cv-01631-K-BN Document 69 Filed 03/10/26 Page 1 of 2 PageID <pageID>
2 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 Case 3:24-cv-01631-K-BN Document 69 Filed 03/10/26 Page 2 of 2 PageID <pageID>
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