Dillard v. Unnamed Defendant
ORDER adopting 24 Report and Recommendations, denying 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 Chief Judge J. Randal Hall on 06/26/2017. (thb)
IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF GEORGIA
LEONARD LEROY DILLARD, SR.,
AHMED HOLT, Warden,
After a careful, de novo review of the file, the Court concurs with the Magistrate
Judge's Report and Recommendation, to which no objections have been filed. Accordingly,
the Court ADOPTS the Report and Recommendation of the Magistrate Judge as its opinion
and DENIES the instant petition, brought pursuant to 28 U.S.C. § 2254.
Further, 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 non-frivolous 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 DIRECTS the Clerk to
enter final judgment in favor of Respondent.
SO ORDERED this^fl^ay of June, 2017, at Augusta, Georgia.
UNITED^TATES DISTRICT COURT
DISTRICT OF GEORGIA
*"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?