Deal v. Wilcher

Filing 11

ORDER ADOPTING 10 Report and Recommendations, dismissing Deal's 28 U.S.C. § 2241 Petition, denying in forma pauperis status on appeal and closing this case. Signed by District Judge R. Stan Baker on 11/15/2023. (maa)

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IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF GEORGIA SAVANNAH DIVISION KENDRICK LAMAR DEAL, Petitioner, CIVIL ACTION NO.: 4:23-cv-264 v. SHERIFF JOHN WILCHER, Respondent. ORDER After a careful de novo review of the entire record, the Court concurs with the Magistrate Judge’s Report and Recommendation, (doc. 10), to which Petitioner Kendrick Lamar Deal did not object. Accordingly, the Court ADOPTS the Magistrate Judge’s Report and Recommendation, (doc. 10) as the opinion of the Court and DISMISSES Deal’s 28 U.S.C. § 2241 Petition, (doc. 9). 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). The Court DIRECTS the Clerk of Court to CLOSE this case. SO ORDERED, this 15th day of November, 2023. R. STAN BAKER UNITED STATES DISTRICT JUDGE SOUTHERN DISTRICT OF GEORGIA

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