Catchings v. State of Alabama
Catchings v. State of Alabama
Trial Court Opinion
UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF ALABAMA EASTERN DIVISION ROBERT KEITH CATCHINGS, ) ) Petitioner, ) ) v. ) Case No.: 1:20-cv-01692-AKK- ) JHE STATE OF ALABAMA, et al., ) ) Respondents. )
MEMORANDUM OPINION The Magistrate Judge entered a report on March 11, 2021, recommending Petitioner Robert Keith Catchings’ petition for a writ of habeas be denied and dismissed without prejudice. Doc. 16. The Magistrate Judge advised the parties of their right to file specific written objections within fourteen days. Id. No objections have been received by the court within the prescribed time. Having carefully reviewed and considered de novo all the materials in the court file, including the report and recommendation, the court hereby ADOPTS the report of the magistrate judge and ACCEPTS his recommendation. In accordance with the recommendation, the court finds the petition is due to be denied and dismissed without prejudice. This court may issue a certificate of appealability “only if the applicant has 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 vy. Cockrell,
537 U.S. 322, 336(2003) (internal quotations omitted). The court finds Catchings’ claims do not satisfy either standard. The court will enter a separate Final Judgment. DONE the 15th day of April, 2021.
Apa bh te ABDUL K. KALLON UNITED STATES DISTRICT JUDGE
Reference
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