Summary
The United States District Court for the Eastern District of Texas adopted the magistrate judge’s recommendation to deny Rohn M. Weatherly’s petition for a writ of habeas corpus under 28 U.S.C. § 2254. The court also denied a certificate of appealability and directed that final judgment be entered consistent with the recommendation.
Holdings
- The district court adopted the magistrate judge's findings of fact and conclusions of law and denied the § 2254 petition.
- A certificate of appealability was denied because Weatherly failed to make a sufficient showing that the issues were debatable among jurists of reason or that the court's procedural ruling was incorrect.
Questions Presented
- Whether the district court should adopt the magistrate judge's report and recommendation denying Weatherly's § 2254 habeas petition.
- Whether Weatherly made the showing required for issuance of a certificate of appealability.
Disposition
writ_denied
Cases Cited (4)
- Slack v. McDaniel, 529 U.S. 473, 483-84 (2000)(followed)
- Elizalde v. Dretke, 362 F.3d 323, 328 (5th Cir. 2004)(followed)
- Barefoot v. Estelle, 463 U.S. 880, 893 (1982)(followed)
- Miller v. Johnson, 200 F.3d 274, 280-81 (5th Cir. 2000)(followed)
Cited In (0)
No citing cases on record yet.
Court Document
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