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Domino v. Cain

United States District Court, Eastern District of Louisiana

March 12, 2015

LANDIS DOMINO
v.
N. BURL CAIN

SECTION: R(3)

ORDER AND REASONS

SARAH S. VANCE UNITED STATES DISTRICT JUDGE

Before the Court is Landis Domino’s 28 U.S.C. § 2254 petition for a writ of habeas corpus, [1] defendant N. Burl Cain’s response, [2] and the Magistrate Judge's Report and Recommendation ("R&R") that Domino's petition be dismissed with prejudice.[3] The Court, having reviewed de novo the complaint, the record, the applicable law, and the Magistrate Judge's unopposed R&R, hereby approves the R&R and adopts it as its opinion.

Rule 11(a) of the Rules Governing Section 2254 Proceedings provides that "[t]he district court must issue or deny a certificate of appealability when it enters a final order adverse to the applicant." A court may only issue a certificate of appealability if the petitioner makes "a substantial showing of the denial of a constitutional right." 28 U.S.C. § 2253(c)(2). The "controlling standard" for a certificate of appealability requires the petitioner to show "that reasonable jurists could debate whether (or, for that matter, agree that) the petition should have been resolved in a different manner or that the issues presented [are] adequate to deserve encouragement to proceed further." Miller-El v. Cockrell, 537 U.S. 322, 336 (2003) (quoting Slack v. McDaniel, 529 U.S. 473, 484 (2000)) (quotation marks removed).

The Court concludes that Domino's petition fails to satisfy this standard. Accordingly, the Court will not issue a certificate of appealability.

For the foregoing reasons, the Court DENIES Domino's petition for habeas corpus and DENIES a certificate of appealability.


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