Smalls v. St. Lawerence

Filing 8

ORDER adopting Report and Recommendations re 3 Report and Recommendations; dismissing as moot 7 Motion requesting all paper work and files be forwarded to the 11th Circuit Court. Any request for leave to appeal IFP must be dismissed as moot. Signed by Judge William T. Moore, Jr. on 04/03/2012. (lmm)

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IN THE UNITED STATES DISTRICT COURT FOR
THE SOUTHERN DISTRICT OF GEOZPR --3 API 10 : 04
SAVANNAH DIVISION

GENERAL GEORGE SMALLS,

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Petitioner,
CASE NO, CV412-58

AL ST. LAWRENCE,
Respondent.
ORDER
Before the Court is the Magistrate Judge's Report and
Recommendation (Doc. 3), to which no objections were filed.
After a careful de novo review of the record in this case,
the Court concurs with the report and recommendation.
Accordingly, the report and recommendation is ADOPTED as
the Court's opinion in this case, and Petitioner's § 2254
Petition is DISMISSED. The Clerk of Court is DIRECTED to
close this case.
Defendant's "Motion Requesting All Paperwork and Files
be Forwarded to the 11th Circuit Court" (Doc. 7) is also
DISMISSED AS MOOT. The Court does not construe

Petitioner's motion as a notice of appeal because at the
time of its filing, there had been no order entered by this
Court to appeal. Petitioner should be aware, however, that
this does not preclude him from filing a notice of appeal
incident to this current order.

Pursuant to 28 U.S.C. § 2253(c), an appeal may not be
taken in certain matters unless the Court issues a
certificate of appealability. This certificate may issue
only if Petitioner has made a substantial showing of the
denial of a constitutional right.

Slack v. McDaniel, 529

U.S. 473, 484 (2000) . After careful consideration, the
Court finds no issues in this case that merit a Certificate
of Appealability. As a result, any request for leave to
appeal in forma pauperis must be DISMISSED AS MOOT.
SO ORDERED this '-. day of April 2012.

WILLIAM T. MOORE, JR.
UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF GEORGIA

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