Hammond v. Mitchem

Filing 22

MEMORANDUM OPINION as more fully set out therein. Signed by Judge C Lynwood Smith, Jr on 1/30/2015. (AHI )

FILED
2015 Jan-30 AM 11:47
U.S. DISTRICT COURT
N.D. OF ALABAMA

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF ALABAMA
NORTHEASTERN DIVISION
JAMES JUNIOR HAMMOND,
Petitioner,
vs.
WARDEN BILLY MITCHEM
and THE ATTORNEY GENERAL
FOR THE STATE OF ALABAMA,
Respondents.

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Case No: CV 11-S-3822-NE

MEMORANDUM OPINION
On January 5, 2015, the magistrate judge entered a report and recommendation,
(doc. 17), 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 January, 2015.

______________________________
United States District Judge