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)

Download PDF
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

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.


Why Is My Information Online?