Goins v. Hooks

Filing 9

ORDER adopting 4 Final Report and Recommendation dismissing case; and Certificate of Appealability is DENIED. Signed by Judge Thomas W. Thrash, Jr on 5/20/14. (dr)

IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF GEORGIA
ATLANTA DIVISION
DALE DEAN GOINS,
Petitioner,
v.

CIVIL ACTION FILE
NO. 1:14-CV-1111-TWT

BRAD HOOKS
WARDEN,
Respondent.

ORDER

This is a pro se habeas corpus action. It is before the Court on the Report and
Recommendation [Doc. 4] of the Magistrate Judge recommending dismissing the
action due to the Petitioner’s failure to obtain the authorization of the Court of
Appeals to file a second habeas corpus petition. The Petitioner’s claim that he has
shown that he is actually innocent is without merit for the reasons given by the Court
of Appeals in 2007 when it denied his application for a second habeas corpus petition.
The new alibi defense is incredible. The Court approves and adopts the Report and
Recommendation as the judgment of the Court. This action is DISMISSED. No
Certificate of Appealability will be issued.

T:\ORDERS\14\Goins\r&r.wpd

SO ORDERED, this 20 day of May, 2014.

/s/Thomas W. Thrash
THOMAS W. THRASH, JR.
United States District Judge

T:\ORDERS\14\Goins\r&r.wpd

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