Perry v. Billups

United States District Court for the Northern District of Alabama

Perry v. Billups

Trial Court Opinion

UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF ALABAMA WESTERN DIVISION

LARANDEN DEWAYNE PERRY, ) ) Petitioner, ) ) v. ) Case No.: 7:17-cv-00598-LSC-JEO ) WARDEN PHYLLIS BILLUPS, et al., ) ) Respondents. )

MEMORANDUM OPINION The magistrate judge filed a report on May 12, 2020, recommending the court dismiss with prejudice Petitioner Laranden Dewayne Perry’s petition for a writ of habeas corpus pursuant to

28 U.S.C. § 2254

. (Doc. 13). Although the parties were advised of their right to file specific written objections within fourteen days, no objections have been received by the court. (Id.). Having carefully considered de novo all the materials in the court file, including the report and recommendation, the court ADOPTS the magistrate judge’s report and ACCEPTS his recommendation. Accordingly, the court finds that the petition for a writ of habeas corpus pursuant to

28 U.S.C. § 2254

in the above-styled cause is due to be dismissed with prejudice. The court may issue a certificate of appealability “only if the applicant has 1 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). This court finds Petitioner’s claims do not satisfy either standard. A separate order will be entered. DONE anD ORDERED ON JUNE 4, 2020. XS —-L. ScorrCogpreR UNITED STATES DIS¥RICT JUDGE 160704

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