McConico v. Price et al

Filing 27

MEMORANDUM OPINION. Signed by Judge Virginia Emerson Hopkins on 12/29/2014. (JLC)

FILED
2014 Dec-29 PM 04:21
U.S. DISTRICT COURT
N.D. OF ALABAMA

UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF ALABAMA
SOUTHERN DIVISION
JAMES MCCONICO, JR.,
Petitioner,
v.
WARDEN CHERYL PRICE AND
THE ATTORNEY GENERAL OF
THE STATE OF ALABAMA,
Respondents.

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Case Number:
2:14-cv-01036-VEH-JHE

MEMORANDUM OPINION
On November 21, 2014, the magistrate judge entered a Report and
Recommendation, (doc. 23), recommending that this petition for writ of habeas
corpus treated as a Rule 60(b) motion for relief from judgment and that the motion
be denied. Petitioner has filed objections. (Doc. 26). 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 and ORDERED this 29th day of December 2014.

VIRGINIA EMERSON HOPKINS
United States District Judge

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