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
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