Bailey v. Gentry ( 2022 )


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  • UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF ALABAMA NORTHEASTERN DIVISION JOEY LEE BAILEY, Petitioner, v. 5:21-cv-1409-CLM-GMB SHERIFF MATT GENTRY, et al., Respondents. MEMORANDUM OPINION The magistrate judge entered a report (doc. 11), recommending that the court deny petitioner’s motions for evidentiary hearing (docs. 9 & 10) and dismiss this petition for writ of habeas corpus without prejudice. The court hasn’t received any objections. After considering the record and the magistrate judge’s report, the court ADOPTS the report and ACCEPTS the recommendation. Consistent with that recommendation the court will DENY the motions for evidentiary hearing (docs. 9 & 10) and DISMISS WITHOUT PREJUDICE the petition for writ of habeas corpus. The court will enter a separate, final judgment. This court must issue or deny a certificate of appealability when it enters a final order adverse to the petitioner. 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 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 v. Cockrell, 537 U.S. 322, 336 (2003) (internal quotations omitted). The court finds the petitioner’s claims do not satisfy either standard. So the court won't issue a certificate of appealability. Done on May 26, 2022. COREY. . MAZE UNITED STATES DISTRICT JUDGE

Document Info

Docket Number: 5:21-cv-01409

Filed Date: 5/26/2022

Precedential Status: Precedential

Modified Date: 6/19/2024