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)

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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. ยง 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.

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