Jarrett v. Thomas et al

Filing 16

MEMORANDUM OPINION Signed by Chief Judge Karon O Bowdre on 11/13/15. (SAC )

FILED
2015 Nov-13 AM 09:29
U.S. DISTRICT COURT
N.D. OF ALABAMA

UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF ALABAMA
JASPER DIVISION
BRANDON JAMES JARRETT,
Petitioner,
v.
COMMISSIONER KIM T. THOMAS and
THE ATTORNEY GENERAL FOR THE
STATE OF ALABAMA,

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Case Number: 6:13-cvB00442-KOB-JHE

Respondents.
MEMORANDUM OPINION
On October 20, 2015, the magistrate judge entered a Report and Recommendation, (doc. 15),
recommending that this petition for writ of habeas corpus be dismissed with prejudice. No party
filed any objections. 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 ourt finds
Petitioner’s claims do not satisfy either standard, and will not enter such a certificate.
DONE and ORDERED this 13th day of November, 2015.

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KARON OWEN BOWDRE
CHIEF UNITED STATES DISTRICT JUDGE

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