Boos v. Hall
Filing
18
ORDER ADOPTING the 13 REPORT AND RECOMMENDATIONS as the Court's opinion, overruling all objections, denying the 1 Petition brought pursuant to 28 U.S.C. § 2254, denying Petitioner a COA in this case, in which Petitioner is not entitled to appeal IFP, and closing this case with final judgment to be entered in favor of Respondent. Signed by Chief Judge J. Randal Hall on 09/07/2021. (jlh)
Case 1:20-cv-00082-JRH-BKE Document 18 Filed 09/07/21 Page 1 of 3
IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF GEORGIA
AUGUSTA DIVISION
DANIEL BOOS,
Petitioner,
CV 120-082
V.
JERMAINE WHITE, Warden,
Respondent.
ORDER
After a careful, de novo review of the file, the Court concurs with the Magistrate
Judge's Report and Recommendation,(doc. no. 13), to which objections have been filed,
(doc. no. 17). Petitioner does not offer any new evidence or argument that warrants
deviating from the recommendation to reject all of Petitioner's ineffective assistance of
counsel claims and deny the petition in its entirety.
Rather Petitioner re-hashes the
arguments raised in his petition and briefing, without acknowledging the double deference
owed by the federal court to the state court's decision on the ineffective assistance claims.
fSee doc. no. 13, pp. 15-16 (citing Harrington v. Richter. 562 U.S. 86, 105 (2011) and
Yarborough v. Gentrv. 540 U.S. 1,4(2003)).)
As the Magistrate Judge thoroughly explained:
..."[Cjounsel is strongly presumed to have rendered adequate assistance and
made all significant decisions in the exercise of reasonable professional
judgment ... . [FJederal courts are to afford both the state court and the
defense attorney the benefit of the doubt." Woods v. Etherton. 578 U.S.-, 136
Case 1:20-cv-00082-JRH-BKE Document 18 Filed 09/07/21 Page 2 of 3
S. Ct. 1149, 1151 (U.S. 2016){per curiam)(internal quotations and citations
omitted).
To summarize, for Petitioner to obtain federal habeas relief, "[t]he state
court decision must be so lacking in justification that there was an error well
understood and comprehended in existing law beyond any possibility for
fairminded disagreement." Id That is, if fairminded jurists could reach
differing conclusions, this Court owes deference to the state court decision,
and federal relief is not available. Shinn v. Kaver. 592 U.S.-, 141 S. Ct. 517,
525 (2020){per curiam)("Perhaps some jurists would share those views [of a
federal appeals court weighing evidence to reverse state court rejection of a
Strickland claim], but that is not the relevant standard. The question is
whether a fairminded jurist could take a different view. And the answer is
yes."). Put another way, "the question becomes whether there is any
reasonable argument that counsel satisfied Strickland's deferential standard.
Raulerson v. Warden. 928 F.3d 987, 997 (11th Cir. 2019)(citation omitted),
cert, denied, 140 S. Ct. 2568(U.S. Mar. 30,2020).
(Id at 16.)
Petitioner strenuously argues his interpretation of the record and the alleged errors
made by counsel is correct, and the state court decision considered by the Magistrate Judge
in his analysis is incorrect. However, Petitioner's arguments made in hindsight, and without
any consideration of whether fairminded jurists could reach differing conclusions, are
insufficient to overcome the high burden in place for individuals seeking federal habeas
corpus relief under the two-pronged test of Strickland v. Washington. 466 U.S. 668 (1984).
The Magistrate Judge thoroughly addressed Petitioner's claims, citing the applicable record
evidence and explaining the relevant case law supporting the legal analysis that Petitioner is
not entitled to the relief he seeks. Accordingly, the Court OVERRULES all objections,
ADOPTS the Report and Recommendation of the Magistrate Judge, and DENIES the
instant petition, brought pursuant to 28 U.S.C. § 2254.
Further, a prisoner seeking relief under § 2254 must obtain a certificate of
appealability ("CCA") before appealing the denial of his application for a writ of habeas
2
Case 1:20-cv-00082-JRH-BKE Document 18 Filed 09/07/21 Page 3 of 3
corpus. This Court "must issue or deny a certificate of appealability when it enters a final
order adverse to the applicant."
Rule 11(a) to the Rules Governing Section 2254
Proceedings. This Court should grant a COA only if the prisoner makes a "substantial
showing of the denial of a constitutional right." 28 U.S.C. § 2253(c)(2). For the reasons set
forth in the Report and Recommendation, and in consideration of the standards enunciated in
Slack V. McDaniel. 529 U.S. 473, 482-84 (2000), Petitioner has failed to make the requisite
showing. Accordingly, the Court DENIES a COA in this case.' Moreover, because there
are no non-frivolous issues to raise on appeal, an appeal would not be taken in good faith,
and Petitioner is not entitled to appeal informa pauperis. S^ 28 U.S.C. § 1915(a)(3).
Upon the foregoing, the Court CLOSES this civil action and DIRECTS the Clerk to
enter final judgment in favor of Respondent.
SO ORDERED this "7^ day of September,2021, at Augusta, Georgia.
[ALLf CHIEF JUDGE
UNITE^TATES DISTRICT COURT
SOUTHERN DISTRICT OF GEORGIA
'"If the court denies a certificate, the parties may not appeal the denial but may seek a
certificate from the court of appeals under Federal Rule of Appellate Procedure 22." Rule 11(a)
to the Rules Governing Section 2254 Proceedings.
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