Baise v. Entrekin et al

Filing 40

MEMORANDUM OPINION Signed by Chief Judge Karon O Bowdre on 1/4/18. (SAC )

FILED
2018 Jan-04 PM 04:50
U.S. DISTRICT COURT
N.D. OF ALABAMA

UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF ALABAMA
MIDDLE DIVISION
ROBERT BAISE JR.,
Petitioner,
v.
TODD ENTREKIN and THE STATE OF
ALABAMA,

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Case No.: 4:17-cv-01416-KOB-JHE

Respondents.
MEMORANDUM OPINION
On November 13, 2017, the magistrate judge entered a Report and Recommendation,
(doc. 34), recommending that the petition for writ of habeas corpus be dismissed without
prejudice for failure to exhaust. 1 No party has filed any objections. 2
After carefully considering the entire file in this action, together with the report and
recommendation, the court ADOPTS the magistrate judge’s report and ADOPTS his
recommendation. Accordingly, the court finds that the petition for writ of habeas corpus is due
to be DISMISSED.
The court will enter a separate Final Order.
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

1

The Clerk resent the report and recommendation to Baise’s updated address on
November 22, 2017, after return of the previously-sent report and recommendation.
2
Instead, Petitioner Baise filed a “Motion for Assistance,” wherein he inquired as to how
to obtain the forms needed to exhaust his claim(s). (Doc. 38). The magistrate judge entered an
order advising Petitioner Baise to contact the state court. (Doc. 39).

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 4th day of January, 2018.

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KARON OWEN BOWDRE
CHIEF UNITED STATES DISTRICT JUDGE

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