Samuels v. Dunferlh

Filing 7

ORDER adopting 5 Report and Recommendation; dismissing docketed under 28 U.S.C. § 2254; and closing this civil action. Signed by Judge J. Randal Hall on 07/30/2013. (thb)

IN THE UNITED STATESDISTRICTCOURT
FORTHE SOUTHERN
DISTRICTOF GEORGIA
AUGUSTADIVISION
TAVARIS SAMUELS,
Petitioner,

cv 113-078
Warden
WILLIAM DUNFERHL,
Respondent.

ORDER

After a careful,de novoreviewof the file, the Court concurs
with the Magistrate
Report Recommendation,whichnoobjections
Judge's
and
to
have
beenfiled. Accordingly,
the ReportandRecommendation the Magistrate
is
of
Judge ADOPTED asthe opinionof
theCourt. Theinstant
filing docketed a petitionunder28U.S.C.g 2254is DISMISSED.
as
The Court"must issueor denya certificate appealability
of
whenit enters final
a
orderadverse the applicant" a i 2254petition. Rule 11(a)to the RulesGoveming
to
on
Section
2254Proceedings. theMagistrate
As
Judge
explained,
however,
while the instant
filing' wasdocketed a $ 2254petitionbeforeit wastransferred this Districtfiom the
as
to
Northem District of Georgia,it appeared be merely a "false start" by Petitionerat
to
commencing $ 2254case,
a
whichhe thendid by submitting $ 2254petitionin another
a

tln thefiling, titledNotice
ofAppealto Fed.DistrictCourt,Petitioner
states
onlythat
he wishesto "appeal denialof Supreme
the
Court of GA in application certificate
for
of
probablecauseon denial of habeascorpusin SuperiorCourt of Baldwin County,
Milledgeville,
GA." (Doc.no. 1,p. 1.)

(S.D.
v.
case whichservice
in
has
directed,
CV
ofprocess been
Samuels Danforth, 113-084
Ga.May 17,2013). (ScgCenglaly
doc.no. 5.) The Courtthusdeclines issueor denya
to
certificate appealability this instance.
of
in
Upon the foregoing, civil actionshallbe CLOSED. Moreover,
this
Petitioner
is
instructedthat, in the future, when filing any documents
relatedto his $ 2254 casein this
District.he shouldcaotionsuchdocuments case
"CV 113-084."
with
number
SO ORDERED ?d4ut ofruty,2013, at Augusta,
this
Georgia.

STATESDISTRICTJUDGE
DISTRICTOF GEORGIA