Jacobson v. Horton

Filing 29

MEMORANDUM OPINION. Signed by Judge Anna M Manasco on 03/11/2025. (AKD)

FILED
2025 Mar-11 AM 08:35
U.S. DISTRICT COURT
N.D. OF ALABAMA

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF ALABAMA
MIDDLE DIVISION
DAVID OTTO JACOBSON,
Petitioner,
v.
JONATHAN W. HORTON,
Respondent.

)
)
)
)
)
)
)
)
)

Case No. 4:24-cv-002-AMM-JHE

MEMORANDUM OPINION
Petitioner David Otto Jacobson filed a petition and supplemental petition for
a writ of habeas corpus pursuant to 28 U.S.C. § 2241. Docs. 1, 9. On February 18,
2025, the magistrate judge entered a report recommending the court dismiss Mr.
Jacobson’s claims in the petition and supplemental petition as moot and for failure
to state a claim upon which relief may be granted. Doc. 28. The magistrate judge
further recommended the court deny Mr. Jacobson’s motions to stay, Docs. 26 & 27,
as moot. Doc. 28. No objections have been filed.
After careful consideration of the record in this case and the magistrate judge’s
report, the court ADOPTS the report and ACCEPTS the recommendation.
Consistent with that recommendation, the court finds that the claims in the petition
and supplemental petition are due to be dismissed as moot and for failure to state a
claim upon which relief may be granted. The court further finds that Mr. Jacobson’s

motions to stay, Docs. 26 & 27, are due to be denied as moot. A Final Judgment will
be entered.
This court may issue a certificate of appealability “only if the applicant has
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) (internal quotations omitted). The
court finds Mr. Jacobson’s claims do not satisfy either standard.
DONE and ORDERED this 11th day of March, 2025.

_________________________________
ANNA M. MANASCO
UNITED STATES DISTRICT JUDGE

2