Freeman v. Powell

Filing 6

ORDER ADOPTING 4 REPORT AND RECOMMENDATION of the Magistrate Judge as the opinion of the Court, dismissing Freeman's 28 U.S.C. § 2254 Petition, directing the Clerk of Court to close this case and enter the appropriate judgment. The Court discerns no COA-worthy issues at this stage of the litigation, so no COA should issue, and denying Petitioner in forma pauperis status on appeal. Signed by District Judge R. Stan Baker on 7/28/2022. (ca)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF GEORGIA
SAVANNAH DIVISION
CHARLIE JAMES FREEMAN, JR.,
Petitioner,

CIVIL ACTION NO.: 4:20-cv-301

v.
R. CARLTON POWELL,
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. 4.) Petitioner Freeman did not file
Objections to the Report and Recommendation. Accordingly, the Court ADOPTS the Magistrate
Judge’s Report and Recommendation as the opinion of the Court, DISMISSES Freeman’s 28
U.S.C. § 2254 Petition, 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 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