Jackson v. Hetzell et al

Filing 24

MEMORANDUM OPINION. Signed by Judge Madeline Hughes Haikala on 6/2/2014. (AVC)

FILED
2014 Jun-02 PM 04:17
U.S. DISTRICT COURT
N.D. OF ALABAMA

UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF ALABAMA
SOUTHERN DIVISION
DESMOND WINCHELL JACKSON,
Petitioner,
v.
WARDEN GARY HETZELL and THE
ATTORNEY GENERAL FOR THE
STATE OF ALABAMA,

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Case Number: 2:11-cvB00574-MHH

Respondents.
MEMORANDUM OPINION
On January 16, 2014, the magistrate judge entered a Report and Recommendation, (doc. 18),
recommending the petition for a writ of habeas corpus be dismissed with prejudice. Petitioner filed
written objections to the report and recommendation. (Doc. 21). Thereafter, the magistrate judge
entered an amendment to the report and recommendation clarifying his analysis and recommending
the petition for a writ of habeas corpus be dismissed with prejudice. (Doc. 23). No further
objections have been filed. The Court has considered the entire file in this action, together with the
report and recommendation and objections thereto, and has reached an independent conclusion that
the report and recommendation is due to be adopted and approved.
Additionally, pursuant to Rule 11(a), Rules Governing Section 2254 Cases, the district court
must issue or deny a certificate of appealability when it enters a final order adverse to the petitioner.
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 jurist would find the district court’s assessment of the
constitutional claims debatable and 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.
Accordingly, the Court hereby 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. A separate Order will be entered.
DONE this 2nd day of June, 2014.

MADELINE HUGHES HAIKALA
U.S. DISTRICT JUDGE