Craighead v. Bryant et al
ORDER ADOPTING REPORT AND RECOMMENDATION for 15 Report and Recommendation, the petition for a Writ of Habeas Corpus is DENIED. Signed by Honorable David L. Russell on 7/11/17. (jw)
IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF OKLAHOMA
LONNIE WAYLON CRAIGHEAD,
CARL BEAR, Warden,
Case No. CIV-15-882-R
Before the Court is the Report and Recommendation of United States Magistrate
Judge Bernard M. Jones entered June 14, 2017. Doc. No. 15. No objection to the Report
and Recommendation has been filed nor has an extension of time in which to object been
sought or granted. Therefore, the Report and Recommendation of the Magistrate Judge is
ADOPTED in its entirety and the Petition for a Writ of Habeas Corpus pursuant to 28
U.S.C. § 2254 is DENIED.
Further, pursuant to Rule 11(a) of the Rules Governing Section 2254 Cases in the United
States District Courts, the undersigned denies Petitioner a Certificate of Appealability.
Where a habeas petition is denied on procedural grounds, Petitioner is entitled to a COA
only if he/she demonstrates that “jurists of reason would find it debatable whether the
petition states a valid claim of the denial of a constitutional right and that jurists of reason
would find it debatable whether the district court was correct in its procedural ruling.”
Stack v. McDaniel, 529 U.S. 473, 484, 120 S.Ct. 1595, 146 L.Ed.2d 542 (2000). When a
habeas petition is denied on the merits, Petitioner is entitled to a COA only if he/she
demonstrates “that jurists of reason could disagree with the district court’s resolution of
his/her constitutional claims or that jurists could conclude the issues presented are adequate
to deserve encouragement to proceed further.” Miller-El v. Cockrell, 537 U.S. 322, 327,
123 S.Ct. 1029, 154 L.Ed.2d 931, 944 (2003) (citing Slack v. McDaniel, supra). Petitioner
has not made either showing and is therefore not entitled to a COA.
IT IS SO ORDERED this 11th day of July, 2017.
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