Corbin v. Williams
Filing
12
ORDER granting 7 Motion to Dismiss; adopting 10 Report and Recommendations; dismissing as untimely the instant petition brought pursuant to 28 U.S.C. § 2254; denying a COA in this case; closing this civil action; and directing the Clerk to enter final judgment in favor of Respondent. Signed by Judge J. Randal Hall on 10/21/2014. (thb)
IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF GEORGIA
AUGUSTA DIVISION
BARTON T. CORBIN,
Petitioner,
CV 114-036
v.
DOUGLAS WILLIAMS, Warden,
Respondent.
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 Court
ADOPTS the Report and Recommendation of the Magistrate Judge as its opinion, GRANTS
Respondent's motion to dismiss, and DISMISSES as untimely 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 appealingthe 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. McDaniei. 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 informa pauperis. 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 thiso?' day ofOctober, 2014, at Augusta, Georgi
aa.
HONORABLE J. RANDAL HALT
UNITEDSTATES DISTRICT JUDGE
SOUTHERN DISTRICT OF GEORGIA
l"If the court denies a certificate, the parties 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
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