Caliste v. Cain

Filing 14

ORDER ADOPTING REPORT AND RECOMMENDATIONS 12 - the Court DENIES Caliste's petition for habeas corpus and DENIES a certificate of appealability.. Signed by Chief Judge Sarah S. Vance on 8/25/14.(jjs)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF LOUISIANA
DAMON DAVID CALISTE

CIVIL ACTION

VERSUS

NO: 13-5726

BURL CAIN, WARDEN LOUISIANA
STATE PENITENTIARY

SECTION: R(2)

ORDER AND REASONS
Before the Court is Damon Caliste's petition for federal
habeas corpus relief pursuant to Title 28, United States Code,
Section 2254. The Magistrate Judge has recommended that Caliste's
petition be dismissed with prejudice. 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.
In his objections, Caliste does not challenge the precedent
cited by the Magistrate Judge or raise any arguments disputing
the Magistrate Judge's analysis. Instead, he simply reiterates
allegations set forth in his petition.1 The Magistrate Judge
adequately addressed each of these allegations, and the Court
need not reiterate his analysis.2
Rule 11(a) of the Rules Governing Section 2254 Proceedings
provides that "[t]he district court must issue or deny a
1

R. Doc. 1.

2

See R. Doc. 12.

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
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 Caliste's petition fails to satisfy
this standard.

Accordingly, the Court will not issue a

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

New Orleans, Louisiana, this _____ day of August, 2014.
25th

SARAH S. VANCE
UNITED STATES DISTRICT JUDGE