Golden v. Coldwell et al

Filing 26

ORDER ADOPTING the Magistrate Judge's 23 Report and Recommendation as the opinion of the Court and OVERRULES Golden's Objections. The Court GRANTS Respondent's 11 Motion to Dismiss and DISMISSES as moot Golden's 19 Moti on for Summary Judgment. The Court also DIRECTS the Clerk of Court to CLOSE this case and to enter the appropriate judgment of dismissal. Additionally, the Court DENIES Golden in forma pauperis status on appeal and a Certificate of Appealability. Signed by Chief Judge Lisa G. Wood on 1/20/2017. (csr)

tlte tHmteb ^tates( IBtsetrict Court

:)for tllie ^out][iem IBiOtrict of 4leorgm
Prunoiotcb Ptbtoton
ALLEN P. GOLDEN,
CIVIL ACTION NO.: 2:15-cv-178

Petitioner,
V.

ANTOINE COLDWELL, Warden,

Respondent.

ORDER

After an independent and de novo review of the entire
record, the undersigned concurs with the Magistrate Judge's

December 19, 2016, Report and Recommendation,
which Petitioner Allen Golden ("Golden")

(dkt. no. 25).

(dkt. no. 23), to

filed Objections,

Accordingly, the Court ADOPTS the Magistrate

Judge's Report and Recommendation as the opinion of the Court
and OVERRULES Golden's Objections.

The Court GRANTS

Respondent's Motion to Dismiss, DISMISSES Golden's Petition for
Writ of Habeas Corpus, filed pursuant to 28 U.S.C. § 2254, and
DISMISSES as moot Golden's "Motion for Summary Judgment".

The

Court also DIRECTS the Clerk of Court to CLOSE this case and to

enter the appropriate judgment of dismissal.

AO 72A

(Rev. 8/82)

Additionally, the Court DENIES Golden in forma pauperis
status on appeal and a Certificate of Appealability.
SO ORDERED, this

day of

LISA GQDBEY WOOD,

^

CHIEF JUDGE

IITED^STATES DISTRICT COURT
)UTHERN d i s t r i c t of GEORGIA

A0 72A

(Rev. 8/82)

, 2017