Jones v. Augusta State Medical Prison et al
Filing
6
ORDER denying as moot 3 Motion for Leave to Proceed in forma pauperis; adopting 4 Report and Recommendations. Therefore, dismissing this action and closing the case. Accordingly, a COA is denied is this case. Signed by Judge Dudley H. Bowen on 4/22/13. (cmr)
R
O IGINAL
IN THE UNITED STATESDISTRICTCOURT
DISTRICTOF GEORGIA
FORTHE SOUTHERN
DUBLIN DIVISION
ANTHONY JONES,JR.,
Petitioner,
cv 313-012
AUGUSTASTATEMEDICALPRISON;
OFFICER
CERTTEAM SERGEANT;
FNU KING; andSAMUELS. OLENS,
of
AttorneyGeneral
ofthe State Georgia,
Respondents.
ORDER
After a careful,de novoreviewof the file, the Courtconcurs
with the Magistrate
to
have
been
filed. Accordingly,
Judge's
Report Recommendation,whichnoobjections
and
Judge ADOPTED asthe opinionof
is
the ReportandRecommendation the Magistrate
of
Petitioner's
request ptoceed forma pauperisis DENIED AS
to
in
the Court. Therefore,
petition,
ostensibly
filed pursuant 28 U.S.C.$ 2254,
to
MOOT (doc.no. 3), andtheinstant
is DISMISSED.
a
relief under 28 U.S.C. $ 2254 must obtain a
Furthermore, prisonerseeking
('COA') before
fbr
the
ofappealability
appealing denialofhis application a writ
certificate
ofappealability
whenit enters
issue denya certificate
or
ofhabeas
corpus.ThisCourt'1nust
to
a final orderadverse the applicant."Rule 11(a)to the RulesGovemingSection2254
This Court shouldgranta COA only if the prisonermakesa "substantial
Proceedings.
showing
ofthe denialofa constitutional
right." 28 U.S.C.$ 2253(c)(2). thereasons
For
set
forth in the Report Recommendation, in consideration thestandards
and
and
of
enunciated
(2000),
in Slackv. McDaniel,
529 U.S. 473,482-84
Petitioner failedto makethe
has
requisite
showing.Accordingly, COA is DENIED in this case.r
a
Moreover,
because
there
wouldnot be takenin goodfaith.
areno non-fiivolous
issues raiseon appeal, appeal
to
an
Accordingly,Petitioneris not entitled to appealin forma pauperis. See 28 U.S.C.
$ lels(aX3).
I"[f thecout denies certificate, party]maynot appeal denialbut may seek
a
the
a
[a
22." Rule
underFederal
RuleofAppellateProcedure
from the courtof appeals
certificate
2254Proceedings.
I 1(a)to the RulesGoverning
Section
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