Catchings v. State of Alabama et al, No. 1:2020cv01692 - Document 17 (N.D. Ala. 2021)

Court Description: MEMORANDUM OPINION. Signed by Judge Abdul K Kallon on 04/15/2021. (AKD)

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Catchings v. State of Alabama et al Doc. 17 FILED 2021 Apr-15 AM 10:23 U.S. DISTRICT COURT N.D. OF ALABAMA UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF ALABAMA EASTERN DIVISION ROBERT KEITH CATCHINGS, Petitioner, v. STATE OF ALABAMA, et al., Respondents. ) ) ) ) ) ) ) ) ) Case No.: 1:20-cv-01692-AKKJHE 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 1 Dockets.Justia.com 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 Catchings’ claims do not satisfy either standard. The court will enter a separate Final Judgment. DONE the 15th day of April, 2021. _________________________________ ABDUL K. KALLON UNITED STATES DISTRICT JUDGE 2

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