Mazique v. Robinson et al
Filing
12
ORDER ADOPTING REPORT AND RECOMMENDATIONS 10 ; ORDERED that the petition for habeas corpus is DISMISSED WITH PREJUDICE. The Court will not issue a certificate of appealability. Signed by Judge Sarah S. Vance on 12/28/2017.(blg)
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF LOUISIANA
TIMOTHY MAZIQUE
CIVIL ACTION
VERSUS
NO. 17-6675
ALVIN ROBINSON
SECTION “R” (3)
ORDER
The Court has reviewed de novo the petition for habeas corpus,1 the
record,
the
applicable
law,
the
Magistrate
Recommendation,2 and petitioner’s objections.3
Judge’s
Report
and
Petitioner requests a
certificate of appealability, but presents no substantive objections to the
Report and Recommendation.4
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
1
2
3
4
R. Doc. 1.
R. Doc. 10.
R. Doc. 11.
Id.
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).
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).
Here, petitioner has not made a substantial showing of the denial of a
constitutional right. For the reasons outlined by the Magistrate Judge,
petitioner’s claims are without arguable merit, and the state court reasonably
applied federal law in denying his application for post-conviction relief.
Accordingly, IT IS ORDERED that the petition for habeas corpus is
DISMISSED WITH PREJUDICE. The Court will not issue a certificate of
appealability.
28th
New Orleans, Louisiana, this _____ day of December, 2017.
_____________________
SARAH S. VANCE
UNITED STATES DISTRICT JUDGE
2
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