MACK v. MEDLIN

Filing 29

ORDER ADOPTING 25 Report and Recommendations and GRANTING 16 Motion to Dismiss. 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 3/10/2016. (tlh)

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF GEORGIA
MACON DIVISION
STEVE DEAN MACK,
Petitioner,
v.
Warden JASON MEDLIN, and
Commissioner HOMER BRYSON,
Respondents.

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CIVIL ACTION NO. 5:14-CV-322 (MTT)

ORDER
United States Magistrate Judge Charles H. Weigle recommends granting
Respondent Homer Bryson’s motion to dismiss (Doc. 16) Petitioner Steve Dean Mack’s
28 U.S.C. § 2254 petition. (Doc. 25). The Petitioner has filed an objection to the
Recommendation. (Doc. 27). Pursuant to 28 U.S.C. § 636(b)(1), the Court has
thoroughly considered the 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 the Court accepts and adopts the findings,
conclusions, and recommendations of the Magistrate Judge. The Recommendation is
ADOPTED and made the order of this Court. Accordingly, the Respondent’s motion
(Doc. 16) is GRANTED, and the petition is DISMISSED. 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 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 10th day of March, 2016.
S/ Marc T. Treadwell
MARC T. TREADWELL, JUDGE
UNITED STATES DISTRICT COURT