Brunson v. Hetzel et al
MEMORANDUM OPINION. Signed by Judge Virginia Emerson Hopkins on 7/22/2014. (JLC)
2014 Jul-22 PM 01:41
U.S. DISTRICT COURT
N.D. OF ALABAMA
UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF ALABAMA
WARDEN GARY HETZEL and THE
ATTORNEY GENERAL FOR THE
STATE OF ALABAMA,
) Case Number: 7:11-cv-00186-VEH
On June 6, 2014, the magistrate judge entered a Report and Recommendation, (doc. 36),
recommending that the petition for writ of habeas corpus be dismissed with prejudice. Petitioner has
filed objections. (Doc. 41). 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 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 22nd day of July, 2014.
VIRGINIA EMERSON HOPKINS
United States District Judge
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