Thompson v. United States of America

Filing 9

MEMORANDUM OPINION as more fully set out therein. Signed by Judge C Lynwood Smith, Jr on 7/17/2015. (AHI)

FILED
2015 Jul-17 AM 08:08
U.S. DISTRICT COURT
N.D. OF ALABAMA

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF ALABAMA
NORTHEASTERN DIVISION
BARRY LAMAR THOMPSON,

)
)
Movant,
)
)
v.
)
)
UNITED STATES OF AMERICA, )
)
Respondent.
)
)

Case Numbers:
5:13-cv-08018-CLS-JHE
5:11-cr-16-CLS-RRA

MEMORANDUM OPINION
On May 28, 2015, the magistrate judge entered a Report and Recommendation,
(doc. 8), recommending that this motion to vacate, set aside, or correct sentence be
DENIED. 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. Accordingly, the motion to vacate, set aside,
or correct sentence 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 17th day of July, 2015.

______________________________
United States District Judge

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