Hatcher v. United States of America

Filing 10

MEMORANDUM OPINION. Signed by Judge Robert B Propst on 8/21/2014. (AVC)

FILED
2014 Aug-21 AM 09:04
U.S. DISTRICT COURT
N.D. OF ALABAMA

IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF ALABAMA
SOUTHERN DIVISION
DONELL HATCHER,
Petitioner,
v.
UNITED STATES OF AMERICA,
Respondent.

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Case No. 2:14-cv-00487-RBP-JHE

MEMORANDUM OPINION
On July 28, 2014, the magistrate judge entered a Report and Recommendation, (doc. 9),
recommending that the petition for writ of habeas corpus be dismissed without prejudice for lack
of jurisdiction. 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 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.

DONE this 21st day of August, 2014.

ROBERT B. PROPST
SENIOR UNITED STATES DISTRICT JUDGE