Gist v. State of Alabama et al

Filing 22

MEMORANDUM OPINION Signed by Chief Judge Karon O Bowdre on 2/9/17. (SAC )

FILED
2017 Feb-09 AM 09:01
U.S. DISTRICT COURT
N.D. OF ALABAMA

UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF ALABAMA
NORTHWESTERN DIVISION
BRYAN PATRICK GIST
Petitioner,
v.
THE STATE OF ALABAMA and THE
ATTORNEY GENERAL FOR THE
STATE OF ALABAMA,

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Case Number: 3:14-cv-00050-KOB-JHE

Respondents.
MEMORANDUM OPINION
On January 17, 2017, the magistrate judge entered a Report and Recommendation (doc.
20), recommending that the petition for writ of habeas corpus be dismissed with prejudice. No
objections have been filed. 1 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 reasonable jurists would find the district court’s
assessment of the constitutional claims debatable or wrong,” Slack v. McDaniel, 529 U.S. 473,

1

On January 23, 2017, the United States Postal Service returned the report and
recommendation marked as “undeliverable.” (Doc. 21). Gist has not fulfilled his objection to
keep the court apprised of his current address.

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 9th day of February, 2017.

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KARON OWEN BOWDRE
CHIEF UNITED STATES DISTRICT JUDGE