Jones v. Booker et al

Filing 11

ORDER denying 2 Motion for Leave to Proceed in forma pauperis; adopting re 8 Report and Recommendations. Therefore, this action is Dismissed w/o prejudice and the case is Closed. Signed by Judge Dudley H. Bowen on 9/10/10. (cmr)

Jones v. Booker et al

Doc. 11

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IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF GEORGIA DUBLIN DIVISION BRUCE TIMOTHY JONES, Petitioner,
V.

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1· 3-

CV 310-039

FNU BOOKER, Warden, FNU JACKSON, Warden, and BRIAN OWENS, Respondents.

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. Accordingly, the Report and Recommendation of the Magistrate Judge is ADOPTED as the opinion of the Court. Further, a prisoner seeking relief under 28 U.S.C. § 2254 must obtain a certificate of appealability ("COA") before appealing the denial of his application for 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. Daniel. 529 U.S. 473, 482-84 (2000), Petitioner has failed to make the requisite

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showing. Accordingly, a COA is DENIED in this case.' Moreover, because there are no non-frivolous issues to raise on appeal, an appeal would not be taken in good faith. Accordingly, Petitioner is not entitled to appeal in forma pauperis. See 28 U.S.C. §
1915(a)(3).

Upon the foregoing, Petitioner's motion to proceed in forma pauperis is deemed MOOT (doe. no. 2), this case filed pursuant prejudice, and this civil action SED.
St , to

28 U.S.C. § 2254 is DISMISSED without

'c SO ORDERED this / dof Septemb , 2010, at Au

Georgia.

UNITED STA S DISTRICT J GE

"'If the court denies a certificate, [a partyj 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.