USA v. MCCLAIN

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF NORTH CAROLINA
DERRAN MAURICE MCCLAIN, SR., )
)
Petitioner, )
) 1:24-cr-328-1
v. ) 1:25-cv-1028
)
UNITED STATES OF AMERICA, )
)
Respondent. )
ORDER
This matter is before the court for review of the Order and
Recommendation (“Recommendation”) filed on December 4, 2025, by
the United States Magistrate Judge in accordance with 28 U.S.C.
§ 636(b). (Doc. 34.) The Recommendation was served on the
parties in this action on December 4, 2025. (Doc. 35.) No
objections were filed within the time limits prescribed by
Section 636.
Therefore, the court need not make a de novo review and the
Magistrate Judge’s Recommendation is hereby adopted.
IT IS THEREFORE ORDERED that the Magistrate Judge’s
Recommendation, (Doc. 34), is ADOPTED. IT IS FURTHER ORDERED
that this action is DISMISSED WITHOUT PREJUDICE to Petitioner
promptly filing a corrected motion on the proper § 2255 forms if
he seeks to raise a claim under § 2255.
Case 1:24-cr-00328-WO Document 36 Filed 01/12/26 Page 1 of 2

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The court further finds there is no substantial showing of
the denial of a constitutional right affecting the conviction
nor a debatable procedural ruling, therefore a certificate of
appealability is not issued.
A Judgment dismissing this action will be filed
contemporaneously with this Order.
This the 12th day of January, 2026.
__________________________________
United States District Judge
Case 1:24-cr-00328-WO Document 36 Filed 01/12/26 Page 2 of 2