Martin v. Winn Correctional Center et al

Filing 15

ORDER ADOPTING REPORT AND RECOMMENDATIONS 14 . Signed by Judge Sarah S. Vance on 11/10/15.(jjs)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF LOUISIANA
CORNELL MARTIN

CIVIL ACTION

VERSUS

NO: 15-1114

WINN CORRECTIONAL
CENTER

SECTION: R
ORDER

Plaintiff Cornell Martin filed this pro se petition for a writ of habeas
corpus pursuant to 28 U.S.C. § 2254. The Court, having reviewed de novo the
petition,1 the record, the applicable law, and the Magistrate Judge's unopposed
Report and Recommendation,2 hereby approves the Report and
Recommendation and adopts it as its opinion. For the reasons stated in the
Report and Recommendation, Martin's petition must be dismissed.
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
1

R. Doc. 4.

2

R. Doc. 14.

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)).
The Court concludes that Martin's petition fails to satisfy this standard.
Accordingly, the Court will not issue a certificate of appealability.
For the foregoing reasons, the Court DISMISSES WITH PREJUDICE
Martin's petition for habeas corpus and DENIES a certificate of appealability.

New Orleans, Louisiana, this 10th day of November, 2015.

________________________________
SARAH S. VANCE
UNITED STATES DISTRICT JUDGE

2