Rush v. Wright et al

Filing 12

MEMORANDUM OPINION. Signed by Judge L Scott Coogler on 9/12/2018. (KAM)

FILED
2018 Sep-12 PM 12:04
U.S. DISTRICT COURT
N.D. OF ALABAMA

UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF ALABAMA
MIDDLE DIVISION
CAREN GAYLE RUSH,
Petitioner,
v.
WARDEN DEDRIA WRIGHT, et al.,
Respondents.

)
)
)
)
)
)
)
)
)

Case No.: 4:16-cv-02056-LSC-JHE

MEMORANDUM OPINION
On August 14, 2018, the magistrate judge entered a Report and Recommendation, (doc.
11), 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 and ORDERED on September 12, 2018.

_____________________________
L. Scott Coogler
United States District Judge
160704

2