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

JOSHUA LEE FOSTER, ) ) Petitioner, ) ) v. ) Case No. 5:21-cv-1061-ACA-GMB ) JOSEPH HEADLEY, et al., ) ) Respondents. )

MEMORANDUM OPINION

On May 25, 2022, the magistrate judge entered a report recommending that the court deny Petitioner Joshua Lee Foster’s

petition for writ of habeas corpus. (Doc. 9). Although the magistrate judge notified Mr. Foster of his right to file objections within fourteen days (id. at 9–10), Mr. Foster has not filed any objections. The court ADOPTS the magistrate judge’s report and ACCEPTS the recommendation. Consistent with that recommendation, the court WILL DENY Mr. Foster’s § 2254 petition. Rule 11 of the Rules Governing § 2254 Petitions requires the court to issue or deny a certificate of appealability when the court enters an order adverse to the petitioner. Rule 11(a), Rules Governing § 2254 Cases in the United States District Courts. 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.”

(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,

(2000), or that “the issues presented were adequate to deserve encouragement to proceed further,” Miller-El v. Cockrell,

(2003) (quotation marks omitted). The court finds that Mr. Foster has not satisfied either standard. Accordingly, the court WILL DENY a certificate of appealability. The court will enter a separate final order consistent with this opinion. DONE and ORDERED this June 27, 2022. ba UNITED STATES DISTRICT JUDGE