Watkins v. Alabama, State of et al
MEMORANDUM OPINION. Signed by Judge R David Proctor on 9/2/2014. (AVC)
2014 Sep-02 PM 02:17
U.S. DISTRICT COURT
N.D. OF ALABAMA
UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF ALABAMA
TYRE T. WATKINS,
THE STATE OF ALABAMA and
THE ATTORNEY GENERAL FOR
THE STATE OF ALABAMA,
Case Number: 4:14-cv-01340-RDP-JHE
On August 11, 2014, the Magistrate Judge entered a Report and Recommendation, (Doc.
#4). The Report recommends that the petition for writ of habeas corpus be dismissed with
prejudice. 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. The
petition for writ of habeas corpus is due to be dismissed with prejudice. A separate Order will be
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. Accordingly, a certificate of
appealability is DENIED.
DONE and ORDERED this September 2, 2014.
R. DAVID PROCTOR
UNITED STATES DISTRICT JUDGE
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