Samuels v. Crickmar
Filing
20
ORDER adopting the 17 Report and Recommendation; denying the instant petition brought pursuant to 28 U.S.C. § 2254; denying a COA in this case. The Court closes this civil action, and directs the Clerk to enter final judgment in favor of Respondent. Signed by Judge J. Randal Hall on 09/10/2014. (thb)
IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF GEORGIA
AUGUSTA DIVISION
TAVARIS SAMUELS,
Petitioner,
CV 113-084
v.
SCOTT CRICKMAR,
Respondent.
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. no. 19).
Accordingly, the Court ADOPTS the Report and Recommendation of the Magistrate
Judge as its opinion and DENIES the instant petition brought pursuant to 28 U.S.C. §
2254.
A prisoner seeking relief under § 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, the Court DENIES a COA in this case.1 Moreover, because there
are no non-frivolous issues to raise on appeal, an appeal would not be taken in good faith
and Petitioner is not entitled to appeal informapauperis. See 28 U.S.C. § 1915(a)(3).
Upon the foregoing, the Court CLOSES this civil action, and DIRECTS the
Clerk to enter final judgment in favor of Respondent.
SO ORDERED this /Q day ofSeptember, ggj^t Augusta, Georgia.
J. RANDAL HALL
STATES DISTRICT JUDGE
•RN DISTRICT OF GEORGIA
1 the court denies a certificate, the parties may not appeal the denial but may
"If
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
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