Beavers v. Forniss et al

Filing 8

MEMORANDUM OPINION. Signed by Judge L Scott Coogler on 12/12/2014. (KAM, )

FILED
2014 Dec-12 PM 12:25
U.S. DISTRICT COURT
N.D. OF ALABAMA

UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF ALABAMA
NORTHEASTERN DIVISION
PAUL RAY BEAVERS,
Petitioner,
v.
WARDEN LEON FORNISS and
THE
ATTORNEY GENERAL FOR
THE STATE OF ALABAMA,

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) 5:11-cv-04211-LSC-JHE
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Respondents.
MEMORANDUM OF OPINION
On November 17, 2014, the magistrate judge entered a Report and
Recommendation, recommending that this petition for writ of habeas corpus be
dismissed with prejudice. (Doc. 7.) No objections have been filed. The Court has
now considered the entire file in this action, together with the report and
recommendation, and has reached the 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 12th day of December 2014.

L. Scott Coogler
United States District Judge
[160704]

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