Terry et al v. U.S. Probation Office et al

Filing 16

ORDER ADOPTING 15 REPORT AND RECOMMENDATION and granting Respondents' 10 Motion to Dismiss. The Court discerns no Certificate of Appealability-worthy issues at this stage of the litigation, so no COA should issue. In forma pauperis status on appeal is denied. Signed by District Judge R. Stan Baker on 11/17/2022. (gmh)

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Case 4:22-cv-00125-RSB-CLR Document 16 Filed 11/17/22 Page 1 of 1 IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF GEORGIA SAVANNAH DIVISION ANTHONY TERRY, Petitioner, CIVIL ACTION NO.: 4:22-cv-125 v. U.S. PROBATION OFFICE, et al. Respondents. ORDER After a careful de novo review of the entire record, the Court concurs with the Magistrate Judge’s Report and Recommendation, (doc. 15), to which Petitioner Anthony Terry did not object. Accordingly, the Court ADOPTS the Magistrate Judge’s Report and Recommendation as the opinion of the Court, GRANTS Respondents’ Motion to Dismiss, (doc. 10), and DISMISSES Terry’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 CLOSE this case. SO ORDERED, this 17th day of November, 2022. R. STAN BAKER UNITED STATES DISTRICT JUDGE SOUTHERN DISTRICT OF GEORGIA

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