Lewis v. Caldwell et al

Filing 9

OPINION and ORDER ADOPTING the 6 Final Report and Recommendation. The 1 Petition for Writ of Habeas Corpus is DISMISSED and a Certificate of Appealability is DENIED. Signed by Judge Orinda D. Evans on 11/21/2017. (sap)

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FflEO JN CHAMBERS ua.o.c." Attanta IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF GEORGIANQV ATLANTA DIVISION 2 1 2017 AUBREY DERUNTE LEWIS, Petitioner CIVIL ACTION FILE NO. 1:17-CV-3773-0DE-RGV v. WARDEN ANTOINE CALDWELL; and HON. VICKI S. BASS, Assistant Attorney General, Respondents ORDER This pro se civil case is before the Court on the Final Report and Recommendation of United States Magistrate Vineyard filed October 16, 2017 [Doc. 6] ("R&R"). Judge Russell G. No objections have been filed. In the R&R, Judge Vineyard recommends that this federal habeas action be dismissed under Rule 41 and that a certificate of appealability be denied. The Court having read and considered the R&R and noting the absence of any objections, it is hereby ADOPTED as the opinion and order of the Court. For the reasons set forth in the R&R, the petition [Doc. l] is DISMISSED and a certificate of appealability is DENIED. SO ORDERED, this 1 ~J day of November, 2017. Rule 4 of the Rules Governing Section 2254 Cases in the United States District Courts.

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