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)

Download PDF
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.” 1 2 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 2

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.

Why Is My Information Online?