MOORE v. MCLAUGHLIN

Filing 15

ORDER ADOPTING 13 Report and Recommendations. The Petitioner's claim related to trial counsel's failure to file a motion to suppress his arrest warrant is procedurally barred from federal review and DISMISSED, the claims related to suppressing fingerprint evidence and cross-examining the fingerprint expert are DENIED, and a certificate of appealability is DENIED. Any motion to proceed in forma pauperis on appeal is DENIED. Ordered by US DISTRICT JUDGE MARC THOMAS TREADWELL on 6/27/2016. (tlh)

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF GEORGIA
MACON DIVISION
CALVIN MOORE,
Petitioner,
v.
GREGORY MCLAUGHLIN,
Respondent.

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CIVIL ACTION NO. 5:15-cv-379 (MTT)

ORDER
United States Magistrate Judge Charles H. Weigle recommends dismissing one
of the Petitioner’s Section 2254 claims as procedurally barred and denying the other
claims because they were decided on the merits by the Georgia Supreme Court, and
that Court’s decision was not contrary to clearly established federal law or based on
unreasonable factual determinations. (Doc. 13). The Petitioner has objected to the
Recommendation. (Doc. 14). Pursuant to 28 U.S.C. § 636(b)(1), the Court has
considered the Petitioner’s objection and has made a de novo determination of the
portions of the Recommendation to which the Petitioner objects.
The Court has reviewed the Recommendation and accepts the findings,
conclusions, and recommendations of the Magistrate Judge. The Recommendation is
ADOPTED and made the order of this Court. Accordingly, the Petitioner’s claim related
to trial counsel’s failure to file a motion to suppress his arrest warrant is procedurally
barred from federal review and DISMISSED, the claims related to suppressing
fingerprint evidence and cross-examining the fingerprint expert are DENIED, and a

certificate of appealability is DENIED. Additionally, because there are no non-frivolous
issues to raise on appeal, an appeal would not be taken in good faith. See 28 U.S.C.
§ 1915(a)(3). Accordingly, any motion to proceed in forma pauperis on appeal is
DENIED.
SO ORDERED, this 27th day of June, 2016.
S/ Marc T. Treadwell
MARC T. TREADWELL, JUDGE
UNITED STATES DISTRICT COURT

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