Holmes v. State of Georgia

Filing 10

ORDER ADOPTING 7 Report and Recommendations, DISMISSING without prejudice Holmes' 2254 Petition for Writ of Habeas Corpus, DENYING Holmes' in forma pauperis status on appeal and a Certificate of Appealability, and CLOSING this case. Signed by Judge J. Randal Hall on 03/07/2017. (maa)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF GEORGIA
STATESBORO DIVISION

SCOTT HOLMES,

Petitioner,

CIVIL ACTION NO.: 6:16-cv-148

v.

STATE OF GEORGIA,

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. 7), to which Scott Holmes

("Holmes") failed to file Objections.1 Accordingly, the Court ADOPTS the Magistrate Judge's
Report and Recommendation as the opinion of the Court.

The Court DISMISSES without prejudice Holmes' 28 U.S.C. § 2254 Petition for Writ

of Habeas Corpus, DIRECTS the Clerk of Court to CLOSE this case and enter the appropriate

judgment of dismissal, and DENIES Holmes in forma pauperis status on appeal and a
Certificate of Appealability.

SO ORDERED, this "7^ day ofMarch, 2017.

HONORABLE J. RANDAL HALL

aJNTTEDSJATES DISTRICT JUDGE
SOUTHERN DISTRICT OF GEORGIA

1 After the Magistrate Judge's Report and Recommendation was filed, Holmes filed an "Amendment"
and a letter. (Docs. 8, 9.) Plaintiff failed to address the Magistrate Judge's Report and Recommendation
in either of these pleadings. Further, even in light of those filings, Holmes' Petition is due to be
dismissed.