MARIO D. SANDERS v. WARDEN KEN PETERS

UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF ALABAMA SOUTHERN DIVISION MARIO D. SANDERS, ) ) Petitioner, ) ) v. ) Case No. 2:25-cv-303-ACA-GMB ) WARDEN KEN PETERS, ) ) Respondent. ) MEMORANDUM OPINION The magistrate judge entered a report recommending that the court dismiss Plaintiff Mario D. Sanders’s amended petition for a writ of habeas corpus (doc. 5) without prejudice. (Doc. 11). The report informed Mr. Sanders of his right to object to the report within fourteen days. (Id. at 5). The deadline has passed, and no objections have been filed.

After careful consideration of the record in this case and the magistrate judge’s report, the court ADOPTS the report and ACCEPTS the recommendation.

Consistent with that recommendation, the court WILL DISMISS the amended petition for a writ of habeas WITHOUT PREJUDICE. The court will enter a separate final order consistent with this opinion.

The 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 show that “jurists of reason would find it debatable whether the petition states a valid claim of the denial of a constitutional right and that jurists of reason would find it debatable whether the district court was correct in its procedural ruling.” Slack v. McDaniel, 529 U.S. 473, 484 (2000). The court finds Mr. Sanders’s claims do not satisfy either standard. So the certificate of appealability is DENIED.

DONE and ORDERED this February 2, 2026. fc UNITED STATES DISTRICT JUDGE