Brewster v. Hetzel et al

Filing 17

MEMORANDUM OPINION. Signed by Judge R David Proctor on 8/29/2016. (AVC)

FILED
2016 Aug-29 AM 08:33
U.S. DISTRICT COURT
N.D. OF ALABAMA

UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF ALABAMA
MIDDLE DIVISION
SUMNAR ROBERT BREWSTER,
Petitioner,
v.
GARY HETZEL
and THE ATTORNEY GENERAL
OF THE STATE OF ALABAMA,
Respondents.

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Civil Action No.: 4:13-cv-01279-RDP-JEO

MEMORANDUM OPINION
On October 15, 2015, the Magistrate Judge entered a Report and Recommendation,
recommending that the petition for writ of habeas corpus be dismissed with prejudice. (Doc. 13).
Petitioner Sumnar Robert Brewster filed objections on November 12, 2015. (Doc. 16). The
court has considered the entire file in this action, together with the Report and Recommendation
and Petitioner’s objections, 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,
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 August 29, 2016.

_________________________________
R. DAVID PROCTOR
UNITED STATES DISTRICT JUDGE

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