Stokes v. Jones et al
MEMORANDUM OPINION. Signed by Judge Virginia Emerson Hopkins on 8/29/2014. (AVC)
2014 Aug-29 PM 02:23
U.S. DISTRICT COURT
N.D. OF ALABAMA
UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF ALABAMA
TIMOTHY WAYNE STOKES,
WARDEN KARLA JONES and THE
ATTORNEY GENERAL FOR THE
STATE OF ALABAMA,
Case Number: 2:14-cvB00270-VEH-JHE
On July 28, 2014, the magistrate judge entered a Report and Recommendation (doc. 8)
recommending that this petition for writ of habeas corpus be dismissed with prejudice. 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 29th day of August, 2014.
VIRGINIA EMERSON HOPKINS
United States District Judge
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