Murray v. Taylor

Filing 13

ORDER ADOPTING REPORT AND RECOMMENDATIONS for 2 Motion for Leave to Proceed in forma pauperis filed by Marion Dennis Murray, 11 Report and Recommendations; dismissing this case and denying as moot 2 petitioner's motion to proceed in forma pauperis; denying a certificate of appealability; and directing that this civil action is closed. Signed by Judge J. Randal Hall on 08/08/11. (jah)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF GEORGIA
AUGUSTA DIVISION

MARION DENNIS MURRAY,
Petitioner,
CV 111-099

V.

CEDRIC TAYLOR, Warden, and
BARRACK HUSSEiN OBAMA, President
of the United States,
Respondents.

ORDER

After a careful, de novo review of the file, the Court concurs with the Magistrate
Judge's Report and Recommendation, to which no objections have been filed. Accordingly,
the Report and Recommendation of the Magistrate Judge is ADOPTED as the opinion of
the Court. Therefore, Petitioner's motion to proceed in forma pauperis is DENIED AS
MOOT (doc. no. 2), and this case is DISMISSED.
Furthermore, a prisoner seeking relief under 28 U.S.C. § 2254 must obtain a
certificate of appealability ("COA") 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
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.' 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.
SO ORDERED this

Rty of August, 2011, at Augusta, Georgia.

C7j
UN

AL HALL
STATES DISTRICT JUDGE
SOUTHERN DISTRICT OF GEORGIA

"'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.
2