Payne v. Rader
ORDER AND REASONS ADOPTING REPORT AND RECOMMENDATIONS 11 . Signed by Chief Judge Sarah S. Vance on 11/20/2013.(mmm)
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF LOUISIANA
STEVE C. RADER, WARDEN
ORDER AND REASONS
Before the Court is Carl Payne’s petition for federal habeas
corpus relief under Title 28, United States Code, Section 2254.
The Magistrate Judge has recommended that Payne’s petition be
dismissed with prejudice.1 The Court, having reviewed de novo the
petition, the record, the applicable law, the Magistrate’s Report
and Recommendation ("R&R"), and the petitioner’s objections
thereto, hereby approves the R&R and adopts it as its opinion.
Even construing his pro se objection broadly, petitioner
does not raise any new arguments in his objection to the R&R.
With the exception of a single paragraph asserting that the
Fifth, Sixth and Fourteenth Amendments to the U.S. Constitution
protect his rights to a fair trial and to equal protection,
Petitioner merely reasserts verbatim the arguments contained in
his original habeas petition.
Accordingly, Payne’s petition is
dismissed with prejudice.
Rule 11 of the Rules Governing Section 2254 Proceedings
provides that “[t]he district court must issue or deny a
R. Doc. 11.
certificate of appealability when it enters a final order adverse
to the applicant. Before entering the final order, the court may
direct the parties to submit arguments on whether a certificate
should issue.”2 A court may only issue a certificate of
appealability if the petitioner makes “a substantial showing of
the denial of a constitutional right.” 28 U.S.C. § 2253(c)(2).
The “controlling standard” for a certificate of appealability
requires the petitioner to show “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 presented [are] ‘adequate to deserve encouragement to
proceed further.’” Miller-El v. Cockrell, 537 U.S. 322, 336
Petitioner's application does not satisfy this standard.
For the reasons articulated by the magistrate judge, each of the
claims contained in the petition is without merit, and the issues
would not engender debate among reasonable jurists.
For the foregoing reasons, the Court DENIES Payne’s petition
for federal habeas corpus relief and DENIES the issuance of a
certificate of appealability.
New Orleans, Louisiana, this _____ day of November, 2013.
SARAH S. VANCE
UNITED STATES DISTRICT JUDGE
Rules Governing Section 2254 Proceedings, Rule 11(a).
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