Summary
noting that the court "cannot speculate as to how [un-investigated] witnesses would have testified; rather, a petitioner must come forward with evidence, such as affidavits from the uncalled witnesses"
Summary of this case from Moore v. CainOpinion
CIVIL ACTION NO. 12-03057
2013-10-21
TREMAINE TAYLOR v. BURL CAIN, WARDEN
JUDGE DONALD E. WALTER
MAG. JUDGE KAREN L. HAYES
JUDGMENT
The Report and Recommendation of the Magistrate Judge having been considered, together with the written objections thereto filed with this Court, and, after a de novo review of the record, finding that the Magistrate Judge's Report and Recommendation is correct and that judgment as recommended therein is warranted,
IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that the petitioner's Petition for Writ of Habeas Corpus under 28 U.S.C. § 2254 [doc. #1] is hereby DENTED and DISMISSED WITH PREJUDICE.
Rule 11 of the Rules Governing Section 2254 Proceedings for the U.S. District Courts requires the district court to issue or deny a certificate of appealability when it enters a final order adverse to the applicant. The court, after considering the record in this case and the standard set forth in 28 U.S.C. Section 2253, denies a certificate of appealability because the applicant has not made a Substantial showing of the denial of a constitutional right.
THUS DONE AND SIGNED this 21 day of October, 2013, in Shreveport, Louisiana.
__________________
DONALD E. WALTER
UNITED STATES DISTRICT JUDGE