Gray v. Calloway (INMATE 3) ( 2023 )

UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF ALABAMA NORTHEASTERN DIVISION STEPHEN DEWAYNE GRAY ) ) Petitioner, ) ) v. ) Case No. 5:22-cv-1048-ACA-GMB ) ROLANDA CALLOWAY, et al., ) ) Respondents. ) MEMORANDUM OPINION On February 28, 2023, the magistrate judge entered a report recommending that the court deny Petitioner Stephen Dewayne Gray’s 28 U.S.C. § 2254 petition for writ of habeas corpus. (Doc. 22). The magistrate judge notified Mr. Gray of his right to file objections within fourteen days. (Id. at 13–14). Mr. Gray filed, and the court granted, two motions for an extension of time to file objections. (Docs. 23– 26). Mr. Gray did not file any objections by the extended deadline. A party’s failure to file specific objections waives any challenge to the proposed findings and recommendations. See 28 U.S.C. § 636(b)(1); 11th Cir. R. 3-1. After careful consideration of the record in this case and the magistrate judge’s report, the court ADOPTS the magistrate judge’s report and ACCEPTS the recommendation. Consistent with that recommendation, the court WILL DENY Mr. Gray’s § 2254 petition. Rule 11 of the Rules Governing § 2254 Petitions requires the court to issue or deny a certificate of appealability when the court enters an order adverse to the petitioner. Rule 11(a), Rules Governing § 2254 Cases in the United States District Courts. This court may issue a certificate of appealability “only if the applicant has a 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-El v. Cockrell, 537 U.S. 322, 336 (2003) (quotation marks omitted). The court finds that Mr. Gray has not satisfied either standard. Accordingly, the court WILL DENY a certificate of appealability. The court will enter a separate final order consistent with this opinion. DONE and ORDERED this April 19, 2023. ba UNITED STATES DISTRICT JUDGE