MOORE v. OLIVER et al

Filing 24

ORDER adopting 22 Report and Recommendation, granting 14 Motion to Dismiss and dismissing the instant petition, brought pursuant to 28 U.S.C. § 2254, as untimely. The Court denies a Certificate of Appealability in this case, and Petitioner is not entitled to appeal in forma pauperis. Signed by District Judge J. Randal Hall on 1/3/2025. (gmh)

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

MARCUS MOORE,
Petitioner,
CV 124-097

WARDEN GREGORY SAMPSON,

Respondent.

ORDER

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,
GRANTS Respondent's motion to dismiss, (doc. no. 14), and DISMISSES the instant

petition, brought pursuant to 28 U.S.C. § 2254, as untimely.
Further, a prisoner seeking relief under § 2254 must obtain a certificate ofappealability
("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 ifthe prisoner makes a "substantial showing ofthe denial ofa 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 non-frivolous issues to raise on appeal,

an appeal would not be taken in good faith, and Petitioner is not entitled to appeal in forma
pauperis.^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 January, 2025, at Augusta, Georgia.

HONO

^ J.RANDAL HALL

UNITED STATES 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.