Sylvester v. Chatman

Filing 14

ORDER ADOPTING 12 Report and Recommendations.The Petition for Writ of Habeas Corpus is DENIED. Further, the Petitioner has not made a substantial showing of the denial of a constitutional right pursuant to 28 U.S.C. § 2253(c)(2). Therefore, a certificate of appealability is also denied. Ordered by Judge Marc Thomas Treadwell on 1/23/2013. (tlh)

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF GEORGIA
MACON DIVISION
GASPAR SYLVESTER,

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Plaintiff,
v.
BRUCE CHATMAN,
Defendant.

CIVIL ACTION NO. 5:10-CV-464 (MTT)

ORDER
Before the Court is Magistrate Judge Charles H. Weigle’s Recommendation
(Doc. 12) on the Petitioner’s Petition for Writ of Habeas Corpus pursuant to 28 U.S.C.
§ 2254 (Doc. 1). The Magistrate Judge recommends denying the Petition because the
Petitioner’s grounds for relief are procedurally defaulted or fail to state a basis for
habeas relief. The Magistrate Judge also recommends the Court deny the Petitioner a
certificate of appealability because he has not made a substantial showing of the denial
of a constitutional right pursuant to 28 U.S.C. § 2253(c)(2). The Petitioner did not object
to the Magistrate Judge’s Recommendation.
The Court has reviewed the record in this case. The Recommendation is
ADOPTED and made the ORDER of this Court. The Petition for Writ of Habeas Corpus
is DENIED. Further, the Petitioner has not made a substantial showing of the denial of
a constitutional right pursuant to 28 U.S.C. § 2253(c)(2). Therefore, a certificate of
appealability is also denied.
SO ORDERED, this 23rd day of January, 2013.
S/ Marc T. Treadwell
MARC T. TREADWELL, JUDGE
UNITED STATES DISTRICT COURT