Ala v. Vermont, State of

Filing 15

ORDER ADOPTING 11 REPORT AND RECOMMENDATION: 1 Petition for Writ of Habeas Corpus (2254) is DENIED, 7 Motion for Summary Judgment is GRANTED. This case is DISMISSED. The Court denies petitioner a certificate of appealability because petitioner failed to make a substantial showing of a denial of a constitutional right. Further certified that any appeal taken in forma pauperis from this Order would not be taken in good faith because such an appeal would be frivolous. Signed by Senior Judge J. Garvan Murtha on 5/16/2011. (wjf)

UNITED STATES DISTRICT COURT
FOR THE
DISTRICT OF VERMONT
EEJIPP ALA,
Petitioner,
v.
STATE OF VERMONT,
Respondent.

:
:
:
:
:
:
:

File No. 1:10-cv-221-jgm

ORDER
The Magistrate Judge's Report and Recommendation was filed April 4, 2011.
(Doc. 11.) After de novo review and over objection, the Report and Recommendation
is AFFIRMED, APPROVED and ADOPTED. See 28 U.S.C. § 636(b)(1).
Respondent’s motion for summary judgment (Doc. 7) is GRANTED. Petitioner’s
habeas petition filed pursuant to 28 U.S.C. § 2254 (Doc. 1) is DENIED and this case is
DISMISSED.
Pursuant to Fed. R. App. P. 22(b), the Court DENIES petitioner a certificate of
appealability (“COA”) because the petitioner failed to make a substantial showing of a
denial of a constitutional right. See 28 U.S.C. § 2253(c)(2). The Court rejects the
petition on its merits because the petitioner has failed to demonstrate that reasonable
jurists would find the Court’s “assessment of the constitutional claims debatable or
wrong.” Slack v. McDaniel, 529 U.S. 473, 120 S. Ct. 1595, 1604, 146 L. Ed. 2d 542
(2000).
It is further certified that any appeal taken in forma pauperis from this Order
would not be taken in good faith because such an appeal would be frivolous. See 28
U.S.C. § 1915(a)(3).

SO ORDERED.
Dated at Brattleboro, in the District of Vermont, this 16th day of May, 2011.

/s/ J. Garvan Murtha
Honorable J. Garvan Murtha
Senior United States District Judge

2