Thomas v. United States of America
Filing
5
MEMORANDUM OPINION. Signed by Judge L Scott Coogler on 11/3/2014. (KAM, )
FILED
2014 Nov-03 PM 01:42
U.S. DISTRICT COURT
N.D. OF ALABAMA
UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF ALABAMA
SOUTHERN DIVISION
AARON THOMAS
vs.
UNITED STATES OF AMERICA
)
)
)
)
)
Case No. 2:14-cv-08055-LSC-HGD
MEMORANDUM OPINION
On October 15, 2014, the magistrate judge’s report and recommendation was
entered and the parties were allowed therein fourteen (14) days in which to file
objections to the recommendations made by the magistrate judge. On October 28,
2014, petitioner filed objections to the magistrate judge’s report and recommendation.
After careful consideration of the record in this case, the magistrate judge’s
report and recommendation and the petitioner’s objections thereto, the court hereby
ADOPTS the report of the magistrate judge. The court further ACCEPTS the
recommendations of the magistrate judge that the petition for writ of habeas corpus
be denied.
Pursuant to Rule 11 of the Rules Governing § 2255 Proceedings for the United
States District Courts, the Court has evaluated the claims within the petition for
suitability for the issuance of a certificate of appealability (COA). See 28 U.S.C.
§ 2253.
Rule 22(b) of the Federal Rules of Appellate Procedure provides that in a
§ 2255 proceeding, a petitioner cannot take an appeal unless a district judge issues
a COA. Pursuant to 28 U.S.C. § 2253(c)(2), a COA may issue only when the
petitioner “has made a substantial showing of the denial of a constitutional right.”
This showing can be established by demonstrating that “reasonable jurists could
debate whether (or for that matter, agree that) the petition should have been resolved
in a different manner” or that the issues were “adequate to deserve encouragement to
proceed further.” Slack v. McDaniel, 529 U.S. 473, 484, 120 S.Ct. 1595, 1603-04,
146 L.Ed.2d 542 (2000) (citing Barefoot v. Estelle, 463 U.S. 880, 893 & n.4, 103
S.Ct. 3383, 3394-95 & n.4, 77 L.Ed.2d 1090 (1983)). For procedural rulings, a COA
will issue only if reasonable jurists could debate whether the petition states a valid
claim of the denial of a constitutional right and whether the court’s procedural ruling
was correct. Id.
The Court finds that reasonable jurists could not debate its resolution of the
claim presented in this § 2255 proceeding. For the reasons stated in the magistrate
judge’s report and recommendation, the Court DECLINES to issue a COA with
respect to any claims.
A separate order in conformity with this Memorandum Opinion will be entered
contemporaneously herewith.
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Done this 3rd day of November 2014.
L. Scott Coogler
United States District Judge
[160704]
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