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Jurisdiction: Texas Northern District Court
Decision Date: 7/7/2017

STATES

                                                                                                                                                                                                                                                                                                                                                                                                                            FEDERAL

                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                        Lynn v. United States Lynn v. United States (N.D. Tex., 2017)

                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                        JAMES HARLAN LYNN, ID # 46080-177, Movant,
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                        v.
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                        UNITED STATES OF AMERICA, Respondent.

                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                        No. 3: 15-CV-1819-NNo. 3: 13-CR-100-N

                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                        UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF TEXAS DALLAS DIVISION

                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                        July 7, 2017

                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                        JAMES HARLAN LYNN, ID # 46080-177, Movant, v. UNITED STATES OF AMERICA, Respondent.

                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                        No. 3: 15-CV-1819-NNo. 3: 13-CR-100-N

                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                        UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF TEXAS DALLAS DIVISION

                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                        July 7, 2017

                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                        ORDER ACCEPTING SUPPLEMENTAL FINDINGS AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE

                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                After reviewing all relevant matters of record in this case, including the Supplemental Findings, Conclusions, and Recommendation of the United States Magistrate Judge and any objections thereto, in accordance with 28 U.S.C. § 636(b)(1), the Court is of the opinion that the Supplemental Findings and Conclusions of the Magistrate Judge are correct and they are accepted as the Supplemental Findings and Conclusions of the Court. The initial Findings and Conclusions of the Magistrate Judge were previously accepted as the Findings and Conclusions of the Court. (Doc. 27. ) For the reasons stated in the Findings, Conclusions, and Recommendation of the Magistrate Judge and the Supplemental Findings, Conclusions, and Recommendation of the Magistrate Judge, the motion to vacate, including the amendment with new claims, (docs. 2, 27) is DENIED with prejudice.

                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                In accordance with Fed. R. App. P. 22(b) and 28 U.S.C. § 2253(c) and after considering the record in this case and the recommendation of the Magistrate Judge, the Court DENIES movant a Certificate of Appealability. The Court adopts and incorporates by reference the Magistrate Judge's Findings, Conclusions, and Recommendation and Supplemental Findings, Conclusions, and Recommendation filed in this case in support of its finding that the petitioner has failed to show (1) that reasonable jurists would find this Court's "assessment of the constitutional claims debatable or

                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                        Page 2

                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                        wrong, " or (2) that reasonable jurists would 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 v. McDaniel 529 U.S. 473 484 (2000).

                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                In the event that the movant files a notice of appeal, he must pay the $505. 00 appellate filing fee or submit a motion to proceed in forma pauperis that is accompanied by a properly signed certificate of inmate trust account.

                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                SIGNED this 7 day of July 2017.

                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                /s/_________        UNITED STATES DISTRICT JUDGE

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                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                        Footnotes:

                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                 Rule 11 of the Rules Governing §§ 2254 and 2255 Cases, as amended effective on December 1, 2009, reads as follows:

                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                        (a) Certificate of Appealability. The district court must issue or deny a certificate of appealability when it enters a final order adverse to the applicant. Before entering the final order, the court may direct the parties to submit arguments on whether a certificate should issue. If the court issues a certificate, the court must state the specific issue or issues that satisfy the showing required by 28 U.S.C. § 2253(c)(2). If the court denies a certificate, the parties may not appeal the denial but may seek a certificate from the court of appeals under Federal Rule of Appellate Procedure 22. A motion to reconsider a denial does not extend the time to appeal. (b) Time to Appeal. Federal Rule of Appellate Procedure 4(a) governs the time to appeal an order entered under these rules. A timely notice of appeal must be filed even if the district court issues a certificate of appealability.

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                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                        Footnotes:

                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                 Rule 11 of the Rules Governing §§ 2254 and 2255 Cases, as amended effective on December 1, 2009, reads as follows:

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                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                        Negative Treatment
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