Smith v. Billips et al

Filing 12

MEMORANDUM OPINION as more fully set out in order. Signed by Judge C Lynwood Smith, Jr on 08/14/15. (SPT)

FILED
2015 Aug-14 PM 02:45
U.S. DISTRICT COURT
N.D. OF ALABAMA

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF ALABAMA
JASPER DIVISION
TROY H. SMITH,
Petitioner,
vs.
WARDEN PHYLLIS BILLUPS
and THE ATTORNEY GENERAL
FOR THE STATE OF ALABAMA,
Respondents.

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Case No: 6:14-cv-1907-CLS-JHE

MEMORANDUM OPINION
On February 2, 2015, the magistrate judge entered a Report and
Recommendation, recommending that the petition for writ of habeas corpus be
dismissed with prejudice.1 On February 13, 2015, Petitioner Troy H. Smith filed
objections.2
The court has considered the entire file in this action, together with the report
and recommendation and petitioner’s 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

1

Doc. no. 9.

2

Doc. no. 10.

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
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 marks omitted). This court
finds petitioner’s claims do not satisfy either standard.
DONE this 14th day of August, 2015.

______________________________
United States District Judge