Summerville v. Ala Dept of Corrections et al
MEMORANDUM OPINION. Signed by Judge Virginia Emerson Hopkins on 9/16/2015. (AVC)
2015 Sep-16 PM 01:24
U.S. DISTRICT COURT
N.D. OF ALABAMA
UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF ALABAMA
ERIC ENMAN SUMMERVILLE,
ALABAMA DEPARTMENT OF
CORRECTIONS and THE ATTORNEY
GENERAL FOR THE STATE OF
Case Number: 4:14-cv-02459-VEH-JHE
On August 21, 2015, the magistrate judge entered a Report and Recommendation, (doc. 10),
recommending that this 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 16th day of September, 2015.
VIRGINIA EMERSON HOPKINS
United States District Judge
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