Howard v. Dozier

Filing 20

ORDER ADOPTING 14 Report and Recommendations, OVERRULING the objections, DENYING the instant petition brought pursuant to 28 U.S.C. § 2254, DENYING a COA in this case, CLOSING this civil action and DIRECTING the Clerk to enter final judgment in favor of Respondent. Signed by Chief Judge J. Randal Hall on 10/17/2018. (maa)

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

JABALI JEROME HOWARD,

Petitioner,
CV 118-039

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. 19.)
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 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
("CCA") 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. McDanieh

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

day of October, 2018, at Augusta, Georgia.

J.

CHIEF JUDGE

unitedMates district court
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.