WILSON v. POPE

Filing 14

ORDER ADOPTING 12 Report and Recommendations and DENYING 8 Motion for Judgment on the Pleadings. A certificate of appealability is DENIED and any motion to proceed in forma pauperis on appeal is DENIED. Ordered by US DISTRICT JUDGE MARC THOMAS TREADWELL on 6/21/2016. (tlh)

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF GEORGIA
MACON DIVISION
DONALD PAUL WILSON,
Petitioner,
v.
Sheriff GENE POPE,

Respondent.

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CIVIL ACTION NO. 5:16-CV-53 (MTT)

ORDER
United States Magistrate Judge Stephen Hyles recommends denying the
Petitioner’s motion for judgment on the pleadings, dismissing without prejudice his
claims regarding his 2008 conviction, and denying a certificate of appealability. (Doc.
12). The Petitioner has not filed an objection to the Recommendation. 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 Petitioner’s motion for
judgment on the pleadings (Doc. 8) is DENIED, the Petitioner’s claims regarding his
2008 conviction are DISMISSED without prejudice, 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 21st day of June, 2016.
S/ Marc T. Treadwell
MARC T. TREADWELL, JUDGE
UNITED STATES DISTRICT COURT