Domino v. Cain et al

Filing 24

ORDER AND REASONS - the Court DENIES Domino's petition for habeas corpus and DENIES a certificate of appealability.. Signed by Chief Judge Sarah S. Vance on 3/12/15.(jjs)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF LOUISIANA
LANDIS DOMINO

CIVIL ACTION

VERSUS

NO: 14-870

N. BURL CAIN

SECTION: R(3)

ORDER AND REASONS
Before the Court is Landis Domino’s 28 U.S.C. § 2254
petition for a writ of habeas corpus,1 defendant N. Burl Cain’s
response,2 and the Magistrate Judge's Report and Recommendation
("R&R") that Domino's petition be dismissed with prejudice.3

The

Court, having reviewed de novo the complaint, the record, the
applicable law, and the Magistrate Judge's unopposed R&R, hereby
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
requires the petitioner to show "that reasonable jurists could

1

R. Doc. 1.

2

R. Doc. 22.

3

R. Doc. 23.

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 Domino's petition fails to satisfy
this standard.

Accordingly, the Court will not issue a

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

New Orleans, Louisiana, this _____ day of March, 2015.
12th

SARAH S. VANCE
UNITED STATES DISTRICT JUDGE

2