Fuller v. Estes, No. 2:2018cv00360 - Document 15 (N.D. Ala. 2021)

Court Description: MEMORANDUM OPINION. Signed by Judge Abdul K Kallon on 03/25/2021. (AKD)

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Fuller v. Estes Doc. 15 FILED 2021 Mar-25 PM 03:06 U.S. DISTRICT COURT N.D. OF ALABAMA UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF ALABAMA SOUTHERN DIVISION PAUDRICIQUEZ MARTEZ FULLER, Petitioner, v. WARDEN LEON BOLLING, Respondent. ) ) ) ) ) ) ) ) ) ) Case No. 2:18-cv-360-AKK-GMB MEMORANDUM OPINION The Magistrate Judge entered a report on January 21, 2021, recommending Paudriciquez Martez Fuller’s petition for a writ of habeas corpus be dismissed with prejudice. Doc. 13. The Magistrate Judge advised the parties of their right to file specific written objections within fourteen days. Doc. 13. 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 Magistrate Judge’s report and ACCEPTS his recommendation. In accordance with the recommendation, the court finds the petition is due to be dismissed with 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. 1 Dockets.Justia.com § 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). The court finds Fuller’s claims do not satisfy either standard. The court will enter a separate Final Judgment. DONE the 25th day of March, 2021. _________________________________ ABDUL K. KALLON UNITED STATES DISTRICT JUDGE 2

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