Brewer v. Bryson

Filing 22

ORDER ADOPTING 19 Report and Recommendations. Petitioner's § 2254 petition is denied. Further, the Court denies COA and finds Petitioner is not entitled to appeal ifp. This case stands closed. Signed by Chief Judge J. Randal Hall on 3/5/2018. (pts)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF GEORGIA
AUGUSTA DIVISION

MICHAEL LANE BREWER,
Petitioner,
CV 117-070

BENJAMIN FORD, Warden, Calhoun

State Prison,'
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. 21.)
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.

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
'Through a scrivener's error, the Magistrate Judge referred to Respondent as "Benjamin
Ward" in the caption of the Report and Recommendation. The correct name of Respondent is
Benjamin Ford, as reflected in the above caption.

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.^ 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. S^ 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 3^ day of March,2018, at Augusta, Georgia.

HONORABEE J. RANDAL HALL

JJMTEpixATES DISTRICT JUDGE
SOUTHERN 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.