FAULKNER v. ADAMS

Filing 16

ORDER ADOPTING 14 Report and Recommendations. The petition is DISMISSED and a certificate of appealability is DENIED. Any motion to proceed in forma pauperis on appeal is also DENIED. Ordered by US DISTRICT JUDGE MARC THOMAS TREADWELL on 9/27/2017. (tlh)

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF GEORGIA
MACON DIVISION
KEVIN WAYNE FAULKNER,
Petitioner,
v.
Warden ROBERT ADAMS,
Respondent.

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CIVIL ACTION NO. 5:16-CV-135 (MTT)

ORDER
United States Magistrate Judge Stephen Hyles recommends denying the
Petitioner’s petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2254. Doc. 14.
The Magistrate Judge also recommends that the Court deny a certificate of
appealability. Id. at 19. The Petitioner has objected to the Recommendation. Doc. 15.
Pursuant to 28 U.S.C. § 636(b)(1), the Court has considered the Petitioner’s objection
and has made a de novo determination of the portions of the Recommendation to which
the Petitioner objects. The Recommendation is ADOPTED and made the order of this
Court. Accordingly, 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 also DENIED.
SO ORDERED, this 27th day of September, 2017.
S/ Marc T. Treadwell
MARC T. TREADWELL, JUDGE
UNITED STATES DISTRICT COURT