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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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.