Cooper v. Bear et al

Filing 10

ORDER ADOPTING 8 Report and Recommendation. Petitioner's petition for a writ of habeas corpus under 28 U.S.C. § 2241 is summarily DISMISSED. A certificate of appealability is DENIED. Signed by Honorable Stephen P. Friot on 3/2/2018. (llg)

IN THE UNITED STATES DISTRICT COURT FOR THE
WESTERN DISTRICT OF OKLAHOMA
EARL COOPER,
Petitioner,
-vsWARDEN BEAR, and STATE OF
OKLAHOMA,
Respondents.

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Case No. CIV-18-82-F

ORDER
On February 13, 2018, United States Magistrate Judge Bernard M. Jones
issued a Report and Recommendation, recommending that petitioner, Earl Cooper’s
petition for a writ of habeas corpus under 28 U.S.C. § 2241 be summarily dismissed.
Presently before the court is petitioner’s objection to the Report and
Recommendation.

In accordance with 28 U.S.C. § 636(b)(1), the court has

conducted a de novo review of the matter. Having done so, the court concurs with
the analysis of Magistrate Judge Jones. The court need not repeat that analysis here.
The court finds petitioner’s arguments to be without merit. Therefore, the court
accepts, adopts and affirms the Report and Recommendation in its entirety.
Under Rule 11(a) of the Rules Governing Section 2254 Cases in the United
States District Courts, a “district court must issue or deny a certificate of
appealability when it enters a final order adverse to the applicant.” In order to obtain
a certificate of appealability, petitioner must make “a substantial showing of the
denial of a constitutional right.” 28 U.S.C. § 2253(c)(2). Petitioner satisfies this
standard by demonstrating that jurists of reason could debate whether the petition

should have been resolved in a different manner or that the issues presented are
adequate to deserve encouragement to proceed further. Slack v. McDaniel, 529 U.S.
473, 484 (2000). After considering the record, the court concludes that petitioner
cannot make the required showing. Therefore, the court concludes that a certificate
of appealability should be denied.
Based upon the foregoing, the Report and Recommendation issued by United
States Magistrate Judge Bernard M. Jones on February 13, 2018 (doc. no. 8) is
ACCEPTED, ADOPTED and AFFIRMED. Petitioner, Earl Cooper’s petition for
a writ of habeas corpus under 28 U.S.C. § 2241 is summarily DISMISSED. A
certificate of appealability is DENIED.
IT IS SO ORDERED this 2nd day of March, 2018.

18-0082p001.docx

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