Moore v. Cain et al

Filing 13

ORDER ADOPTING REPORT AND RECOMMENDATIONS 11 - the Court DENIES Moore's petition for habeas corpus and DENIES a certificate of appealability.. Signed by Chief Judge Sarah S. Vance on 12/2/14.(jjs)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF LOUISIANA
DANIEL MOORE

CIVIL ACTION

VERSUS

NO: 14-1209

N. BURL CAIN

SECTION: R(3)

ORDER AND REASONS
Before the Court is Daniel Moore's petition for federal habeas
corpus relief pursuant to Title 28, United States Code, Section
2254.1

The Magistrate Judge has recommended that Moore's petition

be dismissed with prejudice.2

The Court, having reviewed de novo

the petition, the record, the applicable law, the Magistrate's
Report and Recommendation ("R&R"), and the petitioner's objections
thereto, hereby approves the R&R and adopts it as its opinion.
In his objections, Moore does not challenge the precedent
cited by the Magistrate Judge or raise any new arguments disputing
the Magistrate Judge's analysis.

Instead, he simply reiterates

allegations set forth in his petition3 and in his reply memorandum.4
The

Magistrate

Judge

adequately

addressed

each

of

allegations, and the Court need not reiterate his analysis.5

1

R. Doc. 3.

2

R. Doc. 11.

3

R. Doc. 3.

4

R. Doc. 10.

5

See R. Doc. 11.

these

Rule 11(a) of the Rules Governing Section 2254 Proceedings
provides

that

"[t]he

district

court

must

issue

or

deny

a

certificate of appealability when it enters a final order adverse
to the applicant."

A court may only issue a certificate of

appealability if the petitioner makes "a substantial showing of the
denial of a constitutional right."

28 U.S.C. § 2253(c)(2).

The

"controlling standard" for a certificate of appealability requires
the petitioner to show "that reasonable jurists could debate
whether (or, for that matter, agree that) the petition should have
been resolved in a different manner or that the issues presented
[are]

adequate

to

deserve

encouragement

to

proceed

further."

Miller-El v. Cockrell, 537 U.S. 322, 336 (2003) (quoting Slack v.
McDaniel, 529 U.S. 473, 484 (2000)) (quotation marks removed).
The Court concludes that Moore's petition fails to satisfy
this standard because it is clearly without merit and would not
engender debate among reasonable jurists.

Accordingly, the Court

will not issue a certificate of appealability.
For the foregoing reasons, the Court DENIES Moore's petition
for habeas corpus and DENIES a certificate of appealability.

New Orleans, Louisiana, this _____ day of December, 2014.
2nd

SARAH S. VANCE
UNITED STATES DISTRICT JUDGE
2