Williams v. Morales et al

Filing 12

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)

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IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF GEORGIA AUGUSTA DIVISION JEFFERY WILLIAMS, Petitioner, CV 116-060 JOSE R. MORALES, 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.) 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.

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