Williams v. Morales et al
ORDER ADOPTING 9 Report and Recommendations of the Magistrate Judge. Petitioner's objections are overruled and his §2254 petition is denied. Further, the Court denies COA in this case and IFP on appeal. The Clerk is directed to enter final judgment in favor of Respondent and this civil action stands CLOSED. Signed by Chief Judge J. Randal Hall on 11/16/2017. (pts)
IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF GEORGIA
JOSE R. MORALES, Warden,
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.)
Petitioner does not offer any new information, evidence, or argument that warrants a
deviation from the Magistrate Judge's recommendation.
Accordingly, the Court
OVERRULES the objections, ADOPTS the Report and Recommendation ofthe 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 ofappealability when itenters a final order adverse to
the applicant." Rule 11(a) to the Rules Governing Section 2254 Proceedings. This Court
should grant a COA only ifthe 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 entitledto 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 this
/dr^ day ofNovember, 2017, at Augusta, Georgia.
J. RANDAL HALL, (2HIEF JUDGE
UNITELYSTATES DISTRICT COURT
iRN DISTRICT OF GEORGIA
'"If the court denies a certificate, the parties may not appeal the denial but may seek a
certificate from the court ofappeals under Federal Rule ofAppellate 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?