Summary
finding that relief is not available on a Batson claim in a habeas petition when both parties answered “no” to the trial judge's question of “[a]ny Batson challenges by either [party]?”
Summary of this case from Welch v. VannoyOpinion
CIVIL ACTION NO. 12-cv-1846
09-30-2015
CHARLES HARRIS v. JERRY GOODWIN
MAGISTRATE JUDGE HORNSBY
JUDGMENT
For the reasons assigned in the Report and Recommendation of the Magistrate Judge previously filed herein, and having thoroughly reviewed the record, including the written objections filed, and concurring with the findings of the Magistrate Judge under the applicable law;
IT IS ORDERED that Petitioner's petition for writ of habeas corpus is denied.
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 at Shreveport, Louisiana, this the 30th day of September, 2015.
/s/_________
ELIZABETH ERNY FOOTE
UNITED STATES DISTRICT JUDGE