Opinion
CIVIL ACTION NO: 12-2906
07-07-2014
ROBERT L. WHITE v. N. BURL CAIN, WARDEN
ORDER AND REASONS
Before the Court is Robert White's pro se petition for federal habeas corpus relief pursuant to Title 28, United States Code, Section 2254. The Magistrate Judge recommends that White's petition be denied and dismissed with prejudice. The Court, having reviewed de novo White's petition, the record, the applicable law, the Magistrate's Report and Recommendation ("R&R"), and White's objection to the R&R, approves the R&R and adopts it as its opinion.
R. Doc. 3.
R. Doc. 16.
R. Doc. 17.
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Rule 11(a) 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." A court may only issue a certificate of appealability if the petitioner makes "a substantial showing of the denial of a constitutional right." 28 U.S.C. § 2253(c)(2). 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) (quoting Slack v. McDaniel, 529 U.S. 473, 484 (2000)) (quotation marks removed).
The Court concludes that White's petition fails to satisfy this standard. Accordingly, the Court will not issue a certificate of appealability.
For the foregoing reasons, the Court DENIES White's petition for habeas corpus and DENIES a certificate of appealability.
New Orleans, Louisiana, this 7th day of July, 2014.
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SARAH S. VANCE
UNITED STATES DISTRICT JUDGE