McFarlin v. Robertson et al
MEMORANDUM OPINION ADOPTING and APPROVING the 24 Magistrate Judge's Report and Recommendation. Signed by Judge Virginia Emerson Hopkins on 8/30/2017. (JLC)
2017 Aug-30 PM 12:19
U.S. DISTRICT COURT
N.D. OF ALABAMA
UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF ALABAMA
TORIEN TEREZ MCFARLIN,
THE ATTORNEY GENERAL OF THE )
STATE OF ALABAMA, et al.,
Case Number: 4:14-cv-01623-VEH-JHE
On August 2, 2017, the magistrate judge entered a Report and Recommendation, (doc. 24),
recommending 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. 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 this 30th day of August, 2017.
VIRGINIA EMERSON HOPKINS
United States District Judge
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