Phillips v. Thomas et al

Filing 13

MEMORANDUM OPINION, as set out, adopting and approving the findings and recommendation of the magistrate judge as the findings and conclusions of this Court. The court finds that Petitioner's claims has not made a substantial showing of the denial of a constitutional right for a certificate of appealability to be issed. Signed by Judge Sharon Lovelace Blackburn on 7/14/14. (CTS, )

FILED
2014 Jul-14 AM 09:29
U.S. DISTRICT COURT
N.D. OF ALABAMA

UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF ALABAMA
WESTERN DIVISION
CEDRIC PHILLIPS,
Petitioner,
v.
WILLIE THOMAS and THE
ATTORNEY GENERAL FOR THE
STATE OF ALABAMA,

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) Case Number: 7:12-cv-01931-SLB-JHE
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Respondents.
MEMORANDUM OPINION
On June 16, 2014, the magistrate judge entered a Report and Recommendation, (doc. 12),
recommending that the petition for writ of habeas corpus be dismissed with prejudice. 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. 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 Court finds
Petitioner’s claims do not satisfy either standard.
DONE this 14th day of July, 2014.

SHARON LOVELACE BLACKBURN
UNITED STATES DISTRICT JUDGE