Ruffin v. Humphrey

Filing 27

ORDER adopting the 19 Report and Recommendation; denying the 2254 petition; denying COA in this case; closing this civil action; and directing that final judgment be entered in favor of Respondent. Signed by Judge J. Randal Hall on 07/11/2012. (thb)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF GEORGIA
AUGUSTA DIVISION
ANTONIO WELLINGTON RUFFIN,
Petitioner,
V.

CARL HUMPHREY, Warden,
Respondent.

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CV 111-034

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ORDER

After a careful, de novo review of the file, the Court concurs with the Magistrate
Judge's Report and Recommendation, to which objections have been filed (doc. nos. 23, 25,
26).' Accordingly, the Report and Recommendation of the Magistrate Judge is ADOPTED
as the opinion of the Court. Therefore, the instant petition brought pursuant to 28 U.S.C. §
2254 is DENIED.
Furthermore, a prisoner seeking relief under 28 U.S.C. § 2254 must obtain a
certificate of appealability ("COX) before appealing the denial of his application for a writ
of habeas corpus. This Court "must issue or deny a certificate of appealability when it enters
a final order adverse to the applicant." Rule 11(a) to the Rules Governing Section 2254
Proceedings. This Court should grant a COA only if the prisoner makes a "substantial

'Petitioner requested and was granted an extension of time in which to object to the
Report and Recommendation. (Doc. nos. 21, 22.) Petitioner then submitted three filings that
set forth objections (doc. nos. 23, 25, 26), as well as a notice of documents that he had filed
in his state habeas proceeding. (doc. no. 24).

showing of the denial of a constitutional right." 28 U.S.C. § 2253(c)(2). For the reasons set
forth in the Report and Recommendation, and in consideration of the standards enunciated
in Slack v. McDaniel, 529 U.S. 473, 482-84 (2000), Petitioner has failed to make the
requisite showing. Accordingly, a COA is DENIED in this case.2 Moreover, because there
are no non-frivolous issues to raise on appeal, an appeal would not be taken in good faith.
Accordingly, Petitioner is not entitled to appeal in forma pauperis. See 28 U.S.C. §
1915(a)(3).
Upon the foregoing, this civil action is CLOSED, and a final judgment shall be
ENTERED in favor of Respondent.
SO ORDERED this J

/day of

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,2012, at Augusta, Georgia.

BLE J. RLNDAL HALL
STATES DISTRICT JUDGE
RN DISTRICT OF GEORGIA

2"If the court denies a certificate, [a party] may not appeal the denial but may seek a
certificate from the court of appeals under Federal Rule of Appellate Procedure 22." Rule
11(a) to the Rules Governing Section 2254 Proceedings.