Burns v. Shepard et al
ORDER ADOPTING 25 Report and Recommendations, DENYING 11 Motion to Appoint Counsel, Motion for Preliminary Injunction filed by Anthony Alexander Burns, DISMISSING 2254 petition as untimely and DENYING a COA in this case. Signed by Judge J. Randal Hall on 01/24/2017. (maa)
IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF GEORGIA
ANTHONY ALEXANDER BURNS,
MICHAEL W. NAIL, Commissioner, and
WILLIAM EDWARDS, Probation Officer,
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. 27.)
Petitioner does not offer any new information, evidence, or argument that warrants a
deviation from the Magistrate Judge's recommendation. Accordingly, the Court ADOPTS
the Report and Recommendation of the Magistrate Judge as its opinion, DEND2S
Petitioner's motions to appoint counsel and for a preliminary injunction (doc. no. 11), and
DISMISSES as untimelythe instant petitionbrought pursuant to 28 U.S.C. § 2254.
A prisoner seeking relief under 28 U.S.C. § 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.
Accordingly, Petitioner is not entitled to appeal in forma pauperis.
See 28 U.S.C. §
Upon the foregoing, the Court CLOSES this civil action and DEFECTS the Clerk to
enter final judgment in favor of Respondents.
SO ORDERED thig^V day ofJanuary, 2017, at Augusta, Georgia.
HONORABLE J. RANDAL HALL
UNITEJ2 STATES DISTRICT JUDGE
BERN DISTRICT OF GEORGIA
1"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.
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?