Richardson v. Rathman
MEMORANDUM OPINION Signed by Judge William M Acker, Jr on 7/20/16. (SAC )
2016 Jul-20 AM 11:28
U.S. DISTRICT COURT
N.D. OF ALABAMA
UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF ALABAMA
) Case Number: 1:13-cv 01346-WMA) JHE
WARDEN JOHN T. RATHMAN,
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.
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.
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
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
constitutional claims debatable or wrong,”
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
This Court finds Petitioner’s claims do not satisfy
DONE this 20th day of July, 2016.
WILLIAM M. ACKER, JR.
UNITED STATES DISTRICT JUDGE
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