Carpenter v. United States of America

Filing 23

MEMORANDUM OPINION. Signed by Judge L Scott Coogler on 9/21/2016. (PSM)

FILED
2016 Sep-21 PM 01:53
U.S. DISTRICT COURT
N.D. OF ALABAMA

UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF ALABAMA
SOUTHERN DIVISION
TIMOTHY TERRILL CARPENTER,
Movant,
v.
THE UNITED STATES OF AMERICA,
Respondent.

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Case No.: 2:13-cv-08043-LSC-JHE
(2:08-cr-00064-LSC-JHE-12)

MEMORANDUM OPINION
On August 5, 2016, the magistrate judge entered a Report and Recommendation, (doc.
20), recommending that this motion to vacate, set aside, or correct sentence be DENIED. 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 motion to vacate, set
aside, or correct sentence 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 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.

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DONE and ORDERED on September 21, 2016.

_____________________________
L. Scott Coogler
United States District Judge
160704

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