Michel v. United States of America
MEMORANDUM OPINION adopting the magistrate's 5 Report and Recommendation that the petition for writ of habeas corpus be denied. The court declines to issue a COA with respect to any claims. Signed by Judge R David Proctor on 8/18/2016. Copy served on petitioner on this date.(YMB)
2016 Aug-18 PM 01:52
U.S. DISTRICT COURT
N.D. OF ALABAMA
UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF ALABAMA
UNITED STATES OF AMERICA,
Case No. 7:16-cv-01014-RDP-HGD
On July 28, 2016, 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 August 12,
2016, petitioner filed objections to the magistrate judge’s report and recommendation.
After careful consideration of the record in this case and the magistrate judge’s
report and recommendation and the 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
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
These rules are also applicable to 28 U.S.C. § 2241 cases. See Rule 1(b), Rules Governing
Section 2254 Cases in the United States District Courts.
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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
DONE and ORDERED this August 18, 2016.
R. DAVID PROCTOR
UNITED STATES DISTRICT JUDGE
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