Baise v. Horton

UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF ALABAMA MIDDLE DIVISION ROBERT BAISE, JR., ) ) Petitioner, ) ) v. ) Case No.: 4:19-cv-00855-KOB-JHE ) JOHNATHON HORTON, et al., ) ) Respondents. ) MEMORANDUM OPINION On January 29, 2020, the magistrate judge entered a report recommending the court grant Respondents’ motion for summary dismissal and dismiss Petitioner Baise’s petition for a writ of habeas corpus with prejudice as untimely. (Doc. 20).

The magistrate judge further recommended the court deny Petitioner Baise’s motion for summary judgment. (Id.). Although the magistrate judge advised the parties of their right to file specific written objections within fourteen days, the court has received no objections.

Having carefully reviewed and considered de novo all the materials in the court file, including the report and recommendation, the court ADOPTS the magistrate judge’s findings and ACCEPTS his recommendation. Respondents’ motion for summary dismissal is due to be granted and Petitioner Baise’s petition for a writ of habeas corpus is due to be dismissed with prejudice as untimely. In addition, Petitioner Baise’s motion for summary judgment is due to be denied.

This court may issue a certificate of appealability “only if the applicant has a made a substantial showing of the denial of a constitutional right.” 28 U.S.C. 2253(c)(2). To make such a showing, a “petitioner must demonstrate that reasonable jurists would find the district court’s assessment of the constitutional claims debatable or wrong,” Slack v. McDaniel, 529 U.S. 473, 484 (2000), or that “the issues presented were adequate to deserve encouragement to proceed further.”

Miller-El v. Cockrell, 537 U.S. 322, 336 (2003) (internal quotations omitted). The Court finds Petitioner’s claims do not satisfy either standard.

The court will enter a separate Final Order.

DONE and ORDERED this 17th day of March, 2020.

____________________________________ KARON OWEN BOWDRE UNITED STATES DISTRICT JUDGE