Shapley v. Thomas et al

Filing 51

MEMORANDUM OPINION. Signed by Judge William M Acker, Jr on 9/4/2014. (AVC)

FILED
2014 Sep-04 PM 02:36
U.S. DISTRICT COURT
N.D. OF ALABAMA

UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF ALABAMA
NORTHESTERN DIVISION
SHAUN GLOVIS SHAPLEY,
Petitioner,
v.
KIM THOMAS, WARDEN KENNETH,
JOMES, and THE ATTORNEY
GENERAL FOR THE STATE OF
ALABAMA,

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Case Number: 3:11-cvB02434-WMA-JHE

Respondents.
MEMORANDUM OPINION
On July 30, 2014, the magistrate judge entered a Report and Recommendation, (doc. 47),
recommending that this petition for writ of habeas corpus be dismissed with prejudice. Petitioner
has filed objections. (Doc. 50). 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 4th day of September 2014.

_____________________________
WILLIAM M. ACKER, JR.
UNITED STATES DISTRICT JUDGE

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