Moore v. Danforth

Filing 7

ORDER adopting 4 Report and Recommendations. Therefore, the instant petition is dismissed as time-barred and this action shall be closed. Signed by Judge J. Randal Hall on 5/24/13. (cmr)

ORIGINAL
IN THE UNITED STATESDISTRICTCOURT

ALliiUS l.,i!1
"itl

FORTHE SOUTHERN
DISTRICT GEORGlfu".]'
OF
AUGUSTADIVISION

ct.t

TERRANCEMOORE,
Petitioner,

cv 113-040

v.
WILLIAM DANFORTH,Warden,
Respondent.

ORDER

After a careful,de novo review of the file, the Court concurswith the Magistrate
Judge'sReportand Recommendation, which objections
to
havebeenfiled (doc.no. 6).
is
the
and
ofthe
Judge ADOPTED asthe
Accordingly, Report Recommendation Magistrate
petitionbrought
pursuant 28 U.S.C.$ 2254
to
opinionofthe Court. Therefore, instant
the
is DISMISSED astime-barred.
a
relief under 28 U.S.C. $ 2254 must obtain a
Furthermore, prisonerseeking
("COA") beforeappealing denialofhis application a writ
the
for
certificate
ofappealability
whenit enters
ofhabeas
corpus.
ThisCourt"mustissue denya certificate
or
ofappealability
to
2254
a final orderadverse the applicant."Rule I l(a) to the RulesGovemingSection
This Court shouldgranta COA only if the prisonermakesa "substantial
Proceedings.
For
set
right." 28 U.S.C.$ 2253(cX2). thereasons
showing
ofthe denialofa constitutional
enunciated
and
ofthe standards
forth in the ReportandRecommendation, in consideration
has failed to make the
in Slack v. McDaniel,529 U.S. 4'73,482-84(2000),Petitioner

Moreover,
requisite
showing.Accordingly, COA is DENIED in thiscase.r
a
because
there
wouldnot be takenin goodfaith.
areno non-frivolous
issues raiseon appeal, appeal
to
an
Accordingly,Petitioneris not entitledto appealin fonna pauperis. See 28 U.S.C.
g 1e1s(a)(3).
Uponthe foregoingthis civil actionshallbe CLOSED.

ATESDISTRICT
JUDGE
DISTRICTOF GEORGIA

the
"'If the court deniesa certificate,[a party] may not appeal denialbut may seeka
certificate
from the courtof appeals
Ruleof Appellate
Procedure
underFederal
22." Rule
I 1(a)to the RulesGoveming
2254Proceedings.
Section