Gunns v. Billups et al

Filing 9

MEMORANDUM OPINION. Signed by Judge L Scott Coogler on 3/9/2016. (PSM)

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FILED 2016 Mar-09 PM 03:30 U.S. DISTRICT COURT N.D. OF ALABAMA IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF ALABAMA SOUTHERN DIVISION CHRISTOPHER RAMON GUNNS, Petitioner, v. WARDEN PHYLLIS BILLUPS and THE ATTORNEY GENERAL OF THE STATE OF ALABAMA, Respondents. ) ) ) ) ) Case Number: 2:15-cv-01031-LSC-JHE ) ) ) ) ) ) MEMORANDUM OPINION On February 11, 2016, the magistrate judge entered a Report and Recommendation, recommending that the petition for writ of habeas corpus be dismissed with prejudice. (Doc. 19). 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. For the reasons stated in the report and recommendation, the petitioner’s “Motion Not to Dismiss Petition as Untimely Under 28 U.S.C. 2244” (doc. 6) is hereby DENIED. 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 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 and ORDERED on March 9, 2016. _____________________________ L. Scott Coogler United States District Judge 160704

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