Moss v. McClain

Filing 14

MEMORANDUM OPINION. Signed by Judge R David Proctor on 01/29/2025. (CLD)

FILED
2025 Jan-29 PM 01:48
U.S. DISTRICT COURT
N.D. OF ALABAMA

UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF ALABAMA
NORTHEASTERN DIVISION
SCOTTY DALE MOSS,
Petitioner,
v.
WARDEN ANTONIO MCCLAIN, et al.,
Respondents.

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Case No. 5:24-cv-584-RDP-GMB

MEMORANDUM OPINION
The Magistrate Judge entered a Report and Recommendation (Doc. 13) on January 8, 2025
recommending that the petition for writ of habeas corpus (Doc. 1) be denied and dismissed with
prejudice. No objections have been filed.
After careful consideration of the record in this case and the Magistrate Judge’s Report and
Recommendation, the court ADOPTS the Report and ACCEPTS the recommendation.
Consistent with that recommendation, the court finds that the petition for writ of habeas corpus
(Doc. 1) is due to be denied and the claims dismissed with prejudice.
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 the
Petitioner’s claims do not satisfy either standard.

DONE and ORDERED this January 29, 2025.

_________________________________
R. DAVID PROCTOR
CHIEF U.S. DISTRICT JUDGE

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