Opinion
Civil Action 18-4429
03-29-2022
ANTOINE RIGGINS, v. SUPERINTENDENT MCGINLEY, et al.
ORDER
JUAN R. SÁNCHEZ, C.J.
AND NOW, this 29th day of March, 2022, upon careful and independent consideration of the petition, response, all associated briefing, and available state court records, and after review of the Report and Recommendation of United States Magistrate Judge David R. Strawbridge, to which objections have been filed, it is HEREBY ORDERED that:
1. Riggins's objections (ECF Doc. No. 41) are OVERRULED;
2. The Report and Recommendation (ECF Doc. No. 38) is MODIFIED to reflect the correct standard under 2254(d)(2) and APPROVED and ADOPTED in all other respects;
3. The petition for a writ of habeas corpus (ECF Doc. No. 2) is DENIED AND DISMISSED;
4. A certificate of appealability SHALL NOT issue, in that the Petitioner has not made a substantial showing of the denial of a constitutional right nor demonstrated that reasonable jurists would debate the correctness of the procedural aspects of this ruling. See 28 U.S.C. § 2253(c)(2); Slack v. McDaniel, 529 U.S. 473, 484 (2000); and
4. The Clerk of the Court shall mark this case CLOSED for statistical purposes.
An appropriate memorandum is attached.