Burr v. Estes et al
MEMORANDUM OPINION. Signed by Judge Abdul K Kallon on 7/28/2016. Copy served on petitioner on this date.(YMB)
2016 Jul-29 AM 08:11
U.S. DISTRICT COURT
N.D. OF ALABAMA
UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF ALABAMA
DONALD RAY BURR,
WARDEN DEWAYNE ESTES and )
THE ATTORNEY GENERAL OF )
THE STATE OF ALABAMA,
Civil Action Number
On June 24, 2016, the magistrate judge entered a Report and
Recommendation, recommending that the petition for writ of habeas corpus be
dismissed with prejudice. Doc. 7. 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 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 the 28th day of July, 2016.
ABDUL K. KALLON
UNITED STATES DISTRICT JUDGE
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