Marshall v. Davenport et al
MEMORANDUM OPINION. Signed by Judge R David Proctor on 8/19/2016. (AVC)
2016 Aug-19 AM 09:59
U.S. DISTRICT COURT
N.D. OF ALABAMA
UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF ALABAMA
RICK R MARSHALL,
CARTER DAVENPORT and THE
ATTORNEY GENERAL OF THE
STATE OF ALABAMA,
Civil Action No.: 7:13-cv-0683-RDP-SGC
On August 2, 2016, the Magistrate Judge entered a Report and Recommendation,
recommending that the petition for writ of habeas corpus be denied. (Doc. 10). Petitioner Rick
R. Marshall was given the opportunity to file objections, but 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 and ORDERED this August 19, 2016.
R. DAVID PROCTOR
UNITED STATES DISTRICT JUDGE
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