WEST v. JOHNSON

Filing 19

ORDER adopting 16 Report and Recommendations; granting 11 Motion to Dismiss; dismissing as untimely the instant petition brought pursuant to 28 U.S.C. § 2254; and 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 10/25/2016. (thb)

IN THE UNITED STATES DISTRICT COURT

FOR THE SOUTHERN DISTRICT OF GEORGIA
AUGUSTA DIVISION

WILLIE CLARENCE WEST, JR.,
Petitioner,
CV 116-052

v.

GLEN JOHNSON, 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. 18).

Accordingly, the Court ADOPTS the Report and Recommendation of the Magistrate Judge

as its opinion. Therefore, the Court GRANTS Respondent's motion to dismiss, (doc. no.
11),and DISMISSES as untimelythe instantpetitionbroughtpursuant 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 adverseto

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 and DEFECTS the Clerk to

enter final judgment in favor of Respondent.

SO ORDERED this<^£ciay of October, 2016, at Augusta, Georgia.

HONORABLE J. RANDAL HALL
UNITEDySTATES DISTRICT JUDGE
iRN DISTRICT OF GEORGIA

h'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.