KOONCE v. ENMONS

Filing 23

ORDER ADOPTING the 22 REPORT AND RECOMMENDATIONS as the Court's opinion, dismissing Koonce's 28 U.S.C. § 2254 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
NORMAN KOONCE, JR.,
Petitioner,

CIVIL ACTION NO.: 4:21-cv-14

v.
SHAWN ENMONS,
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. 22.) Petitioner Norman Koonce, Jr.
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
Koonce’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

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