Richardson v. Rathman

Filing 10

MEMORANDUM OPINION Signed by Judge William M Acker, Jr on 7/20/16. (SAC )

FILED
2016 Jul-20 AM 11:28
U.S. DISTRICT COURT
N.D. OF ALABAMA

UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF ALABAMA
EASTERN DIVISION
WATKINS RICHARDSON,

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) Case Number: 1:13-cv 01346-WMA) JHE
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Petitioner,
v.
WARDEN JOHN T. RATHMAN,
Respondent.

MEMORANDUM OPINION
On June 16, 2016, the magistrate judge entered a Report and
Recommendation, (doc. 9), recommending that this petition for
writ of habeas corpus be dismissed.
filed.

No objections have been

The court has considered the entire file in this action,

together with the report and recommendation, and has reached an
independent conclusion that the report and recommendation is due
to be adopted and approved.
Accordingly,
findings and

the

court

hereby

adopts

and

approves

the

recommendation of the magistrate judge as the

findings and conclusions of this court.

The petition for writ

of habeas corpus is due to be DISMISSED.

A separate Order will

be entered.
This Court may issue a certificate of appealability “only
if the applicant has a made a substantial showing of the denial
of a constitutional right.”

28 U.S.C. § 2253(c)(2). To make

such a showing, a “petitioner must demonstrate that reasonable
jurists

would

find

the

district

court’s

constitutional claims debatable or wrong,”

assessment

of

the

Slack v. McDaniel,

529 U.S. 473, 484 (2000), or that “the issues presented were
adequate to deserve encouragement to proceed further,” Miller-El
v. Cockrell, 537 U.S. 322, 336 (2003) (internal quotations
omitted).

This Court finds Petitioner’s claims do not satisfy

either standard.
DONE this 20th day of July, 2016.

_____________________________
WILLIAM M. ACKER, JR.
UNITED STATES DISTRICT JUDGE

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