Riggs v. Warden - Ware State Prison

Filing 18

ORDER denying the request for COA and IFP. Signed by Judge William T. Moore, Jr on 1/30/16. (bcw)

IN THE UNITED STATES DISTRICT COURT FOR
DISTRICT COURT
THE SOUTHERN DISTRICT OF GEORGIA
Southern District of Ga.
SAVANNAH DIVISION
Filed in Office

------I

DARREN DAVID RIGGS,

-

)

Petitioner,

)

pdIyCTOrk
CASE NO. CV415-057

WARDEN - WARE STATE PRISON,
Respondent.

ORDER
This case was returned to this Court on a limited
remand from the Eleventh Circuit Court of Appeals to
determine whether a Certificate of Appealability ("COA") is
"appropriate for any of the issues appellant seeks to raise
on appeal." (Doc. 17 at 3.) It appears that the Eleventh
Circuit is under the misapprehension' that when adopting the
Magistrate Judge's Report and Recommendation, this Court
"did not address whether [Petitioner] was entitled to a
COA." (Id.) However, this Court adopted the totality of the
report and recommendation (Doc. 7), which included the
recommendation

that no COA should issue (Doc. 3 at 11)

Mistakes are not common on Mount Olympus, but they do
occur on occasion.
2
Oddly, the Eleventh Circuit recognizes both that the
Magistrate Judge recommended the denial of a COA (Doc. 17
at 2) and that this Court adopted the Report and
Recommendation (id. at 3) . For some inexplicable reason,
however, the Eleventh Circuit failed to recognize the

Nevertheless, this Court always endeavors to make its
parent court's job as easy as possible. Therefore, the
Court will expressly state in this and future orders
whether it is denying a COA, despite adopting a
recommendation to the same. In this case, any request for a
COA is

DENIED

because Petitioner has not "made a

substantial showing of the denial of a constitutional
right." 28 U.S.C. § 2253(c). Should there be any doubt, any
request for in forma pauperis states of appeal is DISMISSED
AS MOOT based on the Court's denial of a COA.
,1

SO ORDERED this

day of January 2016.

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

simple syllogism that an adoption of the Report and
Recommendation is also the denial of a COA. Naysayers
beware, it appears the Twelfth of Never has arrived.
2