STOVALL v. DOE

Filing 10

ORDER ADOPTING the 8 REPORT AND RECOMMENDATIONS as the Court's opinion, dismissing Stovall's 1 Petition, construed as a 28 U.S.C. § 2241 Petition, discerning no COA-worthy issues at this stage of the litigation, so no COA should issue, denying IFP status on appeal, and directing the Clerk of Court to close this case and enter the appropriate judgment. Signed by District Judge R. Stan Baker on 07/28/2022. (jlh)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF GEORGIA
SAVANNAH DIVISION
DWAYNE STOVALL
Petitioner,

CIVIL ACTION NO.: 4:20-cv-81

v.
JOHN DOE,
Respondent.
ORDER
After an independent and de novo review of the entire record, the undersigned concurs with
the Magistrate Judge’s Report and Recommendation. (Doc. 8.) Petitioner Dwayne Stovall did
not file Objections to the Report and Recommendation. 1 Accordingly, the Court ADOPTS the
Magistrate Judge’s Report and Recommendation as the opinion of the Court, DISMISSES
Stovall’s Petition, construed as a 28 U.S.C. § 2241 petition, (see doc. 8, p. 2), and DIRECTS the
Clerk of Court to CLOSE this case and enter the appropriate judgment. Applying the Certificate
of Appealability (COA) standards, which are set forth in Brown v. United States, 2009 WL 307872
at * 1-2 (S.D. Ga. Feb. 9, 2009), the Court discerns no COA-worthy issues at this stage of the
litigation, so no COA should issue. 28 U.S.C. § 2253(c)(1); see Alexander v. Johnson, 211 F.3d
895, 898 (5th Cir. 2000) (approving sua sponte denial of COA before movant filed a notice of
appeal). And, as there are no non-frivolous issues to raise on appeal, an appeal would not be taken

In fact, the service copy of the Report and Recommendation was returned as undeliverable. (Doc. 9.) Stovall’s
failure to notify the Court of any changes to his address provides a separate, independent reason to dismiss his habeas
petition. Local R. 11.1
1

in good faith. Thus, in forma pauperis status on appeal is likewise DENIED. 28 U.S.C.
§ 1915(a)(3).
SO ORDERED, this 28th day of July, 2022.

R. STAN BAKER
UNITED STATES DISTRICT JUDGE
SOUTHERN DISTRICT OF GEORGIA

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