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)

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