McBryar v. Billups et al

Filing 11

MEMORANDUM OF OPINION. Signed by Judge L Scott Coogler on 7/23/2015. (PSM)

Download PDF
FILED 2015 Jul-23 PM 05:13 U.S. DISTRICT COURT N.D. OF ALABAMA UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF ALABAMA NORTHEASTERN DIVISION SHERMAN NATHANIEL MCBRYAR, Petitioner, v. WARDEN BILLUPS and THE ATTORNEY GENERAL FOR THE STATE OF ALABAMA, Respondents. ) ) ) ) ) ) ) ) ) ) ) Case Number: 5:14-cv-01027-LSC-JHE MEMORANDUM OPINION On June 26, 2015, the magistrate judge entered a Report and Recommendation, (doc. 9), recommending that this petition for writ of habeas corpus be dismissed with prejudice. Petitioner Sherman Nathaniel McBryar filed objections. (Doc. 10). McBryar’s objections raise all of the same arguments as his previous arguments before the magistrate judge regarding evidence of child abuse by another person, (id. at 2-5), and of the ineffective assistance of his counsel, (id. at 5-6). He does not point to any particular errors in the magistrate judge’s findings of fact or conclusions of law. 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 and McBryar’s motion for discovery and funds for an attorney and expert DENIED. 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 23rd day of July 2015. L. Scott Coogler United States District Judge [160704] 2

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.

Why Is My Information Online?