Williams v. Tanner et al
Filing
41
ORDER ADOPTING REPORT AND RECOMMENDATIONS 38 . For the reasons stated in the Report and Recommendation, petitioner has not made a substantial showing of the denial of a constitutional right. Accordingly, IT IS ORDERED that the petition is DISMISSED WITH PREJUDICE. The Court will not issue a certificate of appealability. Signed by Judge Sarah S. Vance on 2/20/2018.(cg)
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF LOUISIANA
KIRK WILLIAMS
CIVIL ACTION
VERSUS
NO. 14-2693
ROBERT TANNER
SECTION “R” (4)
ORDER
The Court has reviewed de novo the amended petition for habeas
corpus,1 the record, the applicable law, and the Magistrate Judge’s
unopposed Report and Recommendation. 2
The Magistrate Judge’s
recommended ruling is correct, and the Court adopts the Report and
Recommendation as its opinion herein.
Rule 11 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. Before entering the final order,
the court may direct the parties to submit arguments on whether a certificate
should issue.” Rules Governing Section 2254 Proceedings, Rule 11(a). A
court may issue a certificate of appealability only if the petitioner makes “a
substantial showing of the denial of a constitutional right.” 28 U.S.C.
1
2
R. Doc. 25.
R. Doc. 38.
§ 2253(c)(2); Rules Governing Section 2254 Proceedings, Rule 11(a) (noting
that § 2253(c)(2) supplies the controlling standard).
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).
For the reasons stated in the Report and Recommendation, petitioner
has not made a substantial showing of the denial of a constitutional right.
Accordingly, IT IS ORDERED that the petition is DISMISSED WITH
PREJUDICE. The Court will not issue a certificate of appealability.
20th
New Orleans, Louisiana, this _____ day of February, 2018.
_____________________
SARAH S. VANCE
UNITED STATES DISTRICT JUDGE
2
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