Gray v. Washington-Adduci

Filing 5

MEMORANDUM OPINION. Signed by Judge Abdul K Kallon on 12/16/2015. Copy served on petitioner on this date.(YMB)

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FILED 2015 Dec-16 AM 08:38 U.S. DISTRICT COURT N.D. OF ALABAMA UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF ALABAMA WESTERN DIVISION RAMONA GRAY, Petitioner , vs. A. WASHINGTON-ADDUCI, Respondent. ) ) ) ) ) ) ) ) ) Case No. 7:15-cv-01919-AKK-HGD MEMORANDUM OPINION On November 3, 2015, the magistrate judge’s report and recommendation was entered and the parties were allowed therein fourteen (14) days in which to file objections to the recommendations made by the magistrate judge. On November 16, 2015, petitioner filed objections to the magistrate judge’s report and recommendation. After careful consideration of the record in this case, the magistrate judge’s report and recommendation and petitioner’s objections thereto, the court hereby ADOPTS the report of the magistrate judge. The court further ACCEPTS the recommendations of the magistrate judge that the petition for writ of habeas corpus be DENIED. Page 1 of 3 Pursuant to Rule 11 of the Rules Governing §2254 Cases,1 the Court has evaluated the claims within the petition for suitability for the issuance of a certificate of appealability (COA). See 28 U.S.C. §2253. Rule 22(b) of the Federal Rules of Appellate Procedure provides that when an appeal is taken by a petitioner, the district judge who rendered the judgment “shall” either issue a COA or state the reasons why such a certificate should not issue. Pursuant to 28 U.S.C. §2253(c)(2), a COA may issue only when the petitioner “has made a substantial showing of the denial of a constitutional right.” This showing can be established by demonstrating that “reasonable jurists could debate whether (or for that matter, agree that) the petition should have been resolved in a different manner or that the issues were ‘adequate to deserve encouragement to proceed further.’” Slack v. McDaniel, 529 U.S. 473, 484, 120 S.Ct. 1595, 1603-04, 146 L.Ed.2d 542 (2000) (citing Barefoot v. Estelle, 463 U.S. 880, 893 & n.4, 103 S.Ct. 3383, 3394-95 & n.4, 77 L.Ed.2d 1090 (1983)). For procedural rulings, a COA will issue only if reasonable jurists could debate whether the petition states a valid claim of the denial of a constitutional right and whether the court’s procedural ruling was correct. Id. The Court finds that reasonable jurists could not debate its resolution of the claims presented in this habeas corpus petition. For the reasons stated in the 1 The Rules Governing §2254 Cases are applicable to petitions for writ of habeas corpus pursuant to 28 U.S.C. §2241. See Rule 1(b), Rules Governing §2254 Cases. Page 2 of 3 magistrate judge’s report and recommendation, the Court DECLINES to issue a COA with respect to any claims. A separate order in conformity with this Memorandum Opinion will be entered contemporaneously herewith. DONE this 16th day of December, 2015. ________________________________ ABDUL K. KALLON UNITED STATES DISTRICT JUDGE Page 3 of 3

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