Brooks v. Rathman

Filing 25

MEMORANDUM OPINION as more fully set out in order. Signed by Judge C Lynwood Smith, Jr on 08/28/17. (SPT )

FILED
2017 Aug-28 PM 12:24
U.S. DISTRICT COURT
N.D. OF ALABAMA

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF ALABAMA
EASTERN DIVISION
MAURICE NAVARRO BROOKS,
Petitioner,
vs.
WARDEN JOHN T. RATHMAN,
Respondent.

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Case No.: 1:14-cv-01478-CLS-JHE

MEMORANDUM OPINION
On June 12, 2017, the magistrate judge entered a Report and Recommendation,
(doc. 24), recommending that this petition for writ of habeas corpus be dismissed.
No objections have been filed.
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, the court adopts
and approves the findings and 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.
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 assessment of the 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 omitted). This Court finds
Petitioner’s claims do not satisfy either standard.
A final order consistent with this memorandum opinion will be entered.
DONE this 28th day of August, 2017.

______________________________
United States District Judge

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