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 in this case. Signed by Judge Dudley H. Bowen on 4/22/13. (cmr)

ORIGINAL
IN THE UNITED STATESDISTRICTCOURT
DISTRICTOF GEORGIA
FORTHE SOUTHERN
DUBLINDIVISION

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JR..
ANTHONYJONES,
Petitioner,

cv 313-015
STATEMEDICALPRISON;
AUGUSTA
FNU BLUNT, CERTTeam
OFFICER
and
Member; SAMUELS.OLENS,
ofthe State
Attorney
General
ofGeorgia,
Respondents.

ORDER

After a careful, de novo review of the file, the Court concurswith the Magistrate
Judge'sRepoft and Recommendation, which no objectionshavebeenfiled. Accordingly,
to
the Report and Recommendation the MagistrateJudgeis ADOPTED as the opinion of
of
the Court. Therefore,Petitioner's requestto proceedin fonna pauperis is DENIED AS
MOOT (doc. no. 3), and the instant petition, filed pursuant to 28 U.S.C. g 2254, is
DISMISSED.
Furthermore,a prisoner seekingrelief under 28 U.S.C. $ 2254 must obtain a
cedificate of appealability("COA") beforeappealingthe denial of his applicationfor awrit
ofhabeascorpus. This Couft "must issueor denya cerlificateofappealabilitywhen it enters
a final order adverseto the applicant." Rule ll(a) to the Rules Goveming Section 2254
Proceedings. This Court should grant a COA only if the prisoner makes a "substantial

right." 28 U.S.C.$ 2253(c)(2).For thereasons
set
showingofthe denialofa constitutional
and
enunciated
forth in the Report and Recommendation, in considerationofthe standards
in Slack v. McDaniel, 529 U.S. 473, 482-84(2000), Petitionerhas failed to make the
requisiteshowing. Accordingly, a COA is DENIED in this case.' Moreover,because
there
areno non-frivolous issuesto raise on appeal,an appealwould not be taken in good faith.
Accordingly, Petitioner is not entitled to appeal in forma pauperis. See 28 U.S.C. $
1915(aX3).

"'If the court deniesa certificate,[a party] may not appealthe denial but may seeka
certificatefrom the court ofappeals under FederalRule of Appellate Procedure22." Rule
11(a)to the RulesGovemingSection
2254Proceedings.