Veal v. Keith

Filing 19

ORDER ADOPTING REPORT AND RECOMMENDATIONS 15 - the Court DENIES Veal's petitionfor habeas corpus and DENIES a certificate of appealability.. Signed by Chief Judge Sarah S. Vance on 12/19/14.(jjs)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF LOUISIANA
JAMES VEAL

CIVIL ACTION

VERSUS

NO: 14-762

TIM KEITH, WARDEN

SECTION: R(2)

ORDER AND REASONS
Before the Court is James Veal's petition for federal habeas
corpus

relief

under

28

U.S.C.

§

2254.

The

Magistrate

Judge

recommends that Veal'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, Veal does not challenge the precedent cited
by the Magistrate Judge or raise any arguments disputing the
Magistrate

Judge's

allegations

set

analysis.

forth

in

his

Instead,

he

petition.1

The

simply

reiterates

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

certificate of appealability when it enters a final order adverse
1

R. Doc. 1.

2

See R. Doc. 15.

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 Veal's petition fails to satisfy this
standard.

Accordingly, the Court will not issue a certificate of

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

New Orleans, Louisiana, this _____ day of December, 2014.
19th

SARAH S. VANCE
UNITED STATES DISTRICT JUDGE