Golston v. Sconyers et al

Filing 13

MEMORANDUM OPINION Signed by Judge William M Acker, Jr on 6/18/14. (SAC )

FILED
2014 Jun-18 PM 02:42
U.S. DISTRICT COURT
N.D. OF ALABAMA

UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF ALABAMA
NORTHEASTERN DIVISION
ANTHONY GOLSTON,
Petitioner,
v.
WARDEN KENNETH SCONYERS and
THE ATTORNEY GENERAL FOR THE
STATE OF ALABAMA,

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) Case Number: 5:13-cvB01526-WMA-JHE
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Respondents.
MEMORANDUM OPINION
On May 30, 2014, the magistrate judge entered a Report and Recommendation, (doc. 10),
recommending that the petition for writ of habeas corpus be dismissed with prejudice. Petitioner has
filed objections thereto. (Docs. 11 & 12). The court has considered the entire file in this action,
together with the report and recommendation and objections thereto, 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 jurist would find the district court’s
assessment of the constitutional claims debatable and 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 18th day of June, 2014.

_________________________
WILLIAM M. ACKER, JR.
UNITED STATES DISTRICT JUDGE