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)

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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. ) ) ) ) ) ) ) ) ) ) ) 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  

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