BUTLER v. CARTER
Filing
12
ORDER adopting 7 Report and Recommendation; denying as moot 2 MOTION for Leave to Proceed in forma pauperis; dismissing the 1 Petition as untimely; denying a COA in this case; and closing this civil action. Signed by Judge J. Randal Hall on 04/23/2015. (thb)
IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF GEORGIA
AUGUSTA DIVISION
WARREN ANDREW BUTLER,
Petitioner,
CV 115-040
v.
ALAN CARTER, 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 objections have been filed (doc. no. 11).
Accordingly, the Court ADOPTS the Report and Recommendation of the Magistrate Judge
as its opinion. Therefore, Petitioner's motion to proceed in forma pauperis is DENIED AS
MOOT (doc. no. 2), and this petition filed pursuant to 28 U.S.C. § 2254 is DISMISSED as
untimely.
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 nonfrivolous 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.
SO ORDERED this ^^'day ofApril, 2015, at Augusta, Georgia.
HONO&^LE J. RANDAL HALL
UNITEbsTATES DISTRICT JUDGE
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