LEWIS v. BROWN

Filing 15

ORDER ADOPTING 13 Report and Recommendations and GRANTING 9 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 1/20/2016. (tlh)

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF GEORGIA
MACON DIVISION
SAMUEL LEE LEWIS,
Petitioner,
v.
DENNIS BROWN,
Respondent.

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CIVIL ACTION NO. 5:15-CV-193 (MTT)

ORDER
United States Magistrate Judge Charles H. Weigle recommends granting the
Respondent’s motion to dismiss the Petitioner’s Section 2254 habeas petition as
untimely. (Doc. 13). The Magistrate Judge also recommends denying a certificate of
appealability because the Petitioner has not made a substantial showing of the denial of
a constitutional right. The Petitioner filed an objection to the Recommendation. (Doc.
14). 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. 9) is
GRANTED, the petition is DISMISSED, and 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 20th day of January, 2016.
S/ Marc T. Treadwell
MARC T. TREADWELL, JUDGE
UNITED STATES DISTRICT COURT