Guyton v. State of Georgia

Filing 9

ORDER adopting the 7 Magistrate Judge's Report and Recommendation as the opinion of the Court; denying as moot the 6 Motion for Leave to Proceed in forma pauperis; dismissing this case filed pursuant to 28 U.S.C. § 2254 without prejudice; denying a Certificate of Appealability in this case; determining that Petitioner is not entitled to appeal in forma pauperis; and closing this civil action. Signed by Judge Dudley H. Bowen on 11/21/2016. (jah)

FILED

U.S. DISTRICT COURT
AUGUSTA DIV.
IN THE UNITED STATES DISTRICT COURT

20I6NOV2I AMI|: i
|
FOR THE SOUTHERN DISTRICT OF GEORGIA
CLERK

DUBLIN DIVISION

SO. DIST. OF GA.

JONATITAN GUYTON,JR.,
Petitioner,
CV 316-070

V.

ROBERT ADAMS,JR.,
Respondent.

ORDER

After a careful, de novo review of the file, the Court concurs with the Magistrate

Judge's Report and Recommendation, to which no objections have been filed. Accordingly,
the Court ADOPTS the Report and Recommendation of the Magistrate Judge as its opinion,

DENIES AS MOOT the motion to proceed in forma pauperis, (doc. no. 6), and
DISMISSES this case filed pursuant to 28 U.S.C. §2254 without prejudice.
A prisoner seeking relief under § 2254 must obtain a certificate of appealability
("COA") before appealing the denial of his application for a 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. McDaniek

529 U.S. 473, 482-84 (2000), Petitioner has failed to make the requisite showing.

Accordingly, the Court DENIES a COA in this case.^ Moreover, because there are no nonfrivolous issues to raise on appeal, an appeal would not be taken in good faith, and Petitioner
is not entitled to appeal informa pauperis.

28 U.S.C. § 1915(a)(3),

Upon the foregoing, the Court CLOSES this civil action.

SO ORDERED this ^V*day of November,2016, at Augusta, Georgia.

UNITED STATES DISTRICT JUD

'"If the court denies a certificate, the parties 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 Goveming Section 2254 Proceedings.