Fitch v. Kent et al

Filing 13

ORDER ADOPTING REPORT AND RECOMMENDATIONS 12 . ORDERED that Fitch's petition for habeas corpus is DISMISSED WITH PREJUDICE. Signed by Judge Sarah S. Vance on 7/21/2017.(cms)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF LOUISIANA
JOHN T. FINCH, SR.

CIVIL ACTION

VERSUS

NO. 16-8724

JASON KENT, WARDEN

SECTION “R” (5)

ORDER
Petitioner John T. Finch, Sr. filed this petition for a writ of habeas
corpus pursuant to 28 U.S.C. § 2254. The Court has reviewed de novo the
petition, 1 the record, the applicable law, and the Magistrate Judge’s Report
and Recommendation. 2 The Magistrate Judge’s recommended ruling is
correct and petitioner has not objected to the Report and Recommendation.
Accordingly, the Court adopts the Magistrate Judge’s Report and
Recommendation as its opinion herein.
Furthermore, 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.”

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R. Doc. 4.
R. Doc. 12.

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. § 2253(c)(2); Rules Governing Section 2254 Proceedings,
Rule 11(a) (noting that § 2253(c)(2) supplies the controlling standard). In
Miller-El v. Cockrell, 537 U.S. 322 (2003), the Supreme Court held that 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.’” Id. at 336. Petitioner has failed to meet these standards.

IT IS ORDERED that Fitch’s petition for habeas corpus is DISMISSED
WITH PREJUDICE.

21st
New Orleans, Louisiana, this _____ day of July, 2017.

_____________________
SARAH S. VANCE
UNITED STATES DISTRICT JUDGE

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