McGraw v. Bolling et al

Filing 18

MEMORANDUM OPINION. Signed by Judge L Scott Coogler on 3/20/2019. (PSM)

FILED
2019 Mar-20 PM 03:32
U.S. DISTRICT COURT
N.D. OF ALABAMA

UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF ALABAMA
WESTERN DIVISION
PHILLIP McGRAW,

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Petitioner,
v.
LEON BOLLING, et al.,
Respondents.

Case No. 7:16-cv-00269-LSC-SGC

MEMORANDUM OPINION
This is an action on a petition for a writ of habeas corpus filed pursuant to
28 U.S.C. § 2254 by Phillip McGraw, a prisoner proceeding pro se. On March 1,
2019, the magistrate judge entered a report recommending the petition be denied
and this action be dismissed with prejudice. (Doc. 17). Although the parties were
advised of their right to file specific written objections within fourteen days, no
objections have been received by the court.
After careful consideration of the record in this case, including the
magistrate judge’s report, the court ADOPTS the report of the magistrate judge
and ACCEPTS her recommendations. In accordance with the recommendation,
the court finds that the petition in this matter is due to be denied and this matter is
due to be dismissed with prejudice.
Additionally, in accordance with Rule 11 of the Rules Governing 2254
Cases, a certificate of appealability is due to be denied.

A certificate of

appealability may issue “only if the applicant has 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 quotation omitted). Based on the authority discussed in
the report and recommendation, the undersigned is of the opinion that a certificate
of appealability is not warranted here.
A separate order will be entered.
The Clerk is DIRECTED to serve a copy of this memorandum opinion and
its accompanying Final Judgment on the petitioner and on counsel of record.
DONE and ORDERED on March 20, 2019.

_____________________________
L. Scott Coogler
United States District Judge
160704

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