Opinion
5:22-CV-142-CAR-CHW
05-21-2024
MIMS MICHAEL MORRIS, JR., Petitioner, v. Warden EDWARD PHILBIN, Respondent.
Proceedings under 28 U.S.C. § 2254
ORDER ON RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE
C. ASHLEY ROYAL, SENIOR JUDGE
Before the Court is Petitioner Mims Michael Morris, Jr.'s Objection to the Magistrate Judge's Recommendation to deny Petitioner's Section 2254 petition and deny a certificate of appealability. The Court previously adopted the Recommendation, but Petitioner moved for additional time to file an Objection [Doc. 41], which the Court granted [Doc. 42]. Petitioner filed his Objection wherein he restates arguments and contentions that have been thoroughly and completely addressed in the Report and Recommendation. This Court has fully considered the record in this case and made a de novo determination of the portions of the Recommendation to which Petitioner objects. Having done so, the Court finds Petitioner's Objection unpersuasive and AFFIRMS its Order [Doc. 39] ADOPTING the Recommendation to deny the petition. Accordingly, Movant's Objection [Doc. 43] is OVERRULED. The Court reiterates that Petitioner is not entitled to a certificate of appealability because he has not made a substantial showing of the denial of a constitutional right.
SO ORDERED.