Thompson v. Tanner et al
Filing
16
ORDER ADOPTING REPORT AND RECOMMENDATIONS 15 . For the reasons stated in the Report and Recommendation, petitioner has not made a substantial showing of the denial of a constitutional right. Accordingly, IT IS 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 11/09/2018.(am)
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF LOUISIANA
BRIAN THOMPSON
CIVIL ACTION
VERSUS
NO. 17-14218
ROBERT TANNER
SECTION “R” (4)
ORDER
The Court has reviewed de novo the petition for habeas corpus,1 the
record, the applicable law, and the Magistrate Judge’s Report and
Recommendation.2 The Magistrate Judge correctly determined that the
petition is time-barred under the Antiterrorism and Effective Death Penalty
Act.
Accordingly, the Court adopts the Magistrate Judge’s 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
court may issue a certificate of appealability only if the petitioner makes “a
1
2
R. Doc. 1.
R. Doc. 15.
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).
For the reasons stated by the Magistrate Judge, the petitioner has not
made a substantial showing of the denial of a constitutional right.
Accordingly, IT IS ORDERED that the petition for habeas corpus is
DISMISSED WITH PREJUDICE. The Court will not issue a certificate of
appealability.
New Orleans, Louisiana, this _____ day of November, 2018.
9th
_____________________
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?