Darrington v. Jones et al

Filing 12

MEMORANDUM OPINION Signed by Judge William M Acker, Jr on 11/24/14. (SAC )

FILED
2014 Nov-24 PM 01:53
U.S. DISTRICT COURT
N.D. OF ALABAMA

UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF ALABAMA
SOUTHERN DIVISION
JOHN DARRINGTON,
Petitioner,
v.
WARDEN KARLA JONES and THE
ATTORNEY GENERAL FOR THE
STATE OF ALABAMA,

)
)
)
)
)
)
)
)
)
)

Case Number: 2:13-cvB02050-WMA-JHE

Respondents.
MEMORANDUM OPINION
On November 3, 2014, the magistrate judge entered a Report and Recommendation, (doc.
11), recommending that this petition for writ of habeas corpus be dismissed as successive. 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 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.
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 a 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.
DONE this 24th day of November 2014.
_____________________________
WILLIAM M. ACKER, JR.
UNITED STATES DISTRICT JUDGE

2