White v. Cain et al

Filing 18

ORDER ADOPTING REPORT AND RECOMMENDATIONS 16 that White's petition be denied and dismissed with prejudice and the Court DENIES White's petition for habeas corpus and DENIES a certificate of appealability. Signed by Chief Judge Sarah S. Vance on 7/7/14.(jjs)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF LOUISIANA
ROBERT L. WHITE

CIVIL ACTION

VERSUS

NO: 12-2906

N. BURL CAIN, WARDEN

SECTION: R(4)
ORDER AND REASONS

Before the Court is Robert White's pro se petition for
federal habeas corpus relief pursuant to Title 28, United States
Code, Section 2254.1 The Magistrate Judge recommends that White's
petition be denied and dismissed with prejudice.2 The Court,
having reviewed de novo White's petition, the record, the
applicable law, the Magistrate's Report and Recommendation
("R&R"), and White's objection to the R&R,3 approves the R&R and
adopts it as its opinion.
Rule 11(a) of the Rules Governing Section 2254 Proceedings
provides that "[t]he district court must issue or deny a
certificate of appealability when it enters a final order adverse
to the applicant." 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

1

R. Doc. 3.

2

R. Doc. 16.

3

R. Doc. 17.

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 (2003)
(quoting Slack v. McDaniel, 529 U.S. 473, 484 (2000)) (quotation
marks removed).
The Court concludes that White's petition fails to satisfy
this standard.

Accordingly, the Court will not issue a

certificate of appealability.
For the foregoing reasons, the Court DENIES White's petition
for habeas corpus and DENIES a certificate of appealability.

New Orleans, Louisiana, this _____ day of July, 2014.
7th

________________________________________
SARAH S. VANCE
UNITED STATES DISTRICT JUDGE

2