Turner v. State of Alabama et al(INMATE 3), No. 5:2021cv00046 - Document 12 (N.D. Ala. 2021)
Court Description: MEMORANDUM OPINION. Signed by Judge Anna M Manasco on 6/8/21. (MRR, )
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Turner v. State of Alabama et al(INMATE 3) Doc. 12 FILED 2021 Jun-08 PM 02:23 U.S. DISTRICT COURT N.D. OF ALABAMA UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF ALABAMA NORTHEASTERN DIVISION WILLIE J. TURNER, Petitioner, v. STATE OF ALABAMA, et al., Respondents. ) ) ) ) ) ) ) ) ) Case No. 5:21-cv-0046-AMM-JHE MEMORANDUM OPINION On May 10, 2021, the magistrate judge entered a report recommending Willie J. Turner’s petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2254 be dismissed with prejudice. Doc. 11. No objections have been filed. Having reviewed and considered de novo all the materials in the court file, including the report and recommendation, the court adopts the magistrate judge’s report and accepts his recommendations. 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.” Dockets.Justia.com Miller-El v. Cockrell, 537 U.S. 322, 336 (2003) (internal quotations marks omitted). The court finds Mr. Turner’s claims do not satisfy either standard. The court will enter a separate Final Judgment. DONE and ORDERED this 8th day of June, 2021. _________________________________ ANNA M. MANASCO UNITED STATES DISTRICT JUDGE 2
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