Tuten v. Wilcher et al

Filing 7

ORDER ADOPTING the 6 REPORT AND RECOMMENDATIONS as the Court's opinion, dismissing Tuten's 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 enter the appropriate judgment of dismissal and to close this case. 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
NASH N. TUTEN,
Petitioner,

CIVIL ACTION NO.: 4:22-cv-92

v.
SHERIFF JOHN WILCHER, and DEPUTY
POPE,
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. 6.) Petitioner Nash N. Tuten 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 and DISMISSES
Tuten’s 28 U.S.C. § 2241 Petition. 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 nonfrivolous 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). The Court DIRECTS
the Clerk of Court to enter the appropriate judgment of dismissal and to CLOSE this case.
SO ORDERED, this 28th day of July, 2022.

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