UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF ALABAMA WESTERN DIVISION

ANTHONY JEROME ALLEN, ) ) Petitioner, ) ) v. ) Case No. 7:22-cv-00568-ACA-NAD ) REOSHA BUTLER, ) ) Respondent. )

MEMORANDUM OPINION

On January 11, 2023, the magistrate judge entered a report recommending that the court deny Petitioner Anthony Jerome Allen’s

petition for writ of habeas corpus. (Doc. 14). Although the magistrate judge notified Mr. Allen of his right to file objections within fourteen days (id. at 14–15), Mr. Allen has not filed any objections. A party’s failure to file specific objections waives any challenge to the proposed findings and recommendations. See

(b)(1); 11th Cir. R. 3-1. After careful consideration of the record in this case and the magistrate judge’s report, the court ADOPTS the magistrate judge’s report and ACCEPTS the recommendation. Consistent with that recommendation, the court WILL DENY Mr. Allen’s petition for writ of habeas corpus. Rule 11 of the Rules Governing § 2254 Petitions requires the court to issue or deny a certificate of appealability when the court enters an order adverse to the petitioner. Rule 11(a), Rules Governing § 2254 Cases in the United States District Courts. This court may issue a certificate of appealability “only if the applicant has

a made a substantial showing of the denial of a constitutional right.”

(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,

(2000), or that “the issues presented were adequate to deserve encouragement to proceed further,” Miller-El vy. Cockrell,

(2003) (quotation marks omitted). The court finds that Mr. Allen has not satisfied either standard. Accordingly, the court WILL DENY a certificate of appealability. The court will enter a separate final order consistent with this opinion. DONE and ORDERED this February 1, 2023. UNITED STATES DISTRICT JUDGE