Walker v. Cain et al
ORDER ADOPTING REPORT AND RECOMMENDATIONS 21 SUPPLEMENTAL R&R; denying 18 MOTION for Leave to File Amended Petition for Writ of Habeas Corpus; the Court will not issue a certificate of appealability. Signed by Judge Sarah S. Vance on 12/29/2016.(mmm)
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF LOUISIANA
SECTION “R” (1)
ORDER AND REASONS
Pro se litigant Jamal Walker petitions the Court for habeas corpus
relief under 28 U.S.C. § 2254.1 In a previous order, the Court granted
Walker’s request to delete an unexhausted claim and deferred ruling on
Walker’s motion to amend his petition to add additional claims.2 The
Magistrate Judge recommends that Walker’s motion for leave to amend his
petition be denied, and that his petition be dismissed with prejudice.3
Walker did not file objections to the Magistrate Judge’s ruling. Having
reviewed de novo the petition, the record, the applicable law, Walker’s
motion for leave to amend, and the Magistrate Judge’s Report and
Recommendation (R&R), the Court approves the R&R and adopts it as its
R. Doc. 3.
R. Doc. 17.
R. Doc. 21.
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 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 Walker’s petition fails to satisfy this
standard. Accordingly, the Court will not issue a certificate of appealability.
For the foregoing reasons, the Court DENIES Walker’s motion for
leave to amend his petition for habeas corpus and DENIES the petition with
New Orleans, Louisiana, this _____ day of December, 2016.
SARAH S. VANCE
UNITED STATES DISTRICT JUDGE
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