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Williams v. Cain, 15-3565. (2017)

Court: District Court, E.D. Louisiana Number: infdco20170818812 Visitors: 3
Filed: Aug. 14, 2017
Latest Update: Aug. 14, 2017
Summary: ORDER SARAH S. VANCE , District Judge . The Court has reviewed de novo the petition for habeas corpus, 1 the record, the applicable law, the Magistrate Judge's Report and Recommendation, 2 and the petitioner's objections. 3 The Magistrate Judge's recommended ruling is correct, and petitioner's objections were fully addressed by the Magistrate Judge's Report and Recommendation or are otherwise without merit. 4 Accordingly, the Court adopts the Magistrate Judge's Report and Recommend
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ORDER

The Court has reviewed de novo the petition for habeas corpus,1 the record, the applicable law, the Magistrate Judge's Report and Recommendation,2 and the petitioner's objections.3 The Magistrate Judge's recommended ruling is correct, and petitioner's objections were fully addressed by the Magistrate Judge's Report and Recommendation or are otherwise without merit.4 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 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 a denial of a constitutional right. The Magistrate Judge's Report and Recommendation clearly and correctly disposes of each of petitioner's claims.

IT IS ORDERED that the petition for habeas corpus is DISMISSED WITH PREJUDICE. The Court will not issue a certificate of appealability.

FootNotes


1. R. Doc. 4.
2. R. Doc. 15.
3. R. Doc. 16.
4. Petitioner argues that the Magistrate Judge erred in deferring to the state court's decision rejecting petitioner's ineffective assistance of counsel claim. Petitioner contends that the Court can conduct a complete review of his claims, citing Lockhart v. Fretwell, 506 U.S. 364 (1993). This objection is meritless. Fretwell was decided before the passage of the Antiterrorism and Effective Death Penalty Act of 1996 and therefore does not reflect the current standard of review in habeas proceedings. See 28 U.S.C. § 2254(d).
Source:  Leagle

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