Berry v. Ware State

Filing 17

ORDER adopting 16 Report and Recommendations of the Magistrate Judge. The Court DISMISSES without prejudice Berry's 28 U.S.C. § 2254 Petition and DISMISSES as moot Berry's still-pending Motions. The Court DENIES Berry in forma pauperis status on appeal and DENIES Berry a Certificate of Appealability. The Court DIRECTS the Clerk of Court to CLOSE this case and enter the appropriate judgment of dismissal. Signed by Judge Lisa G. Wood on 11/9/17. (trb)

FILER

U.S. ni-.TPiRT COURT
5-^' ^

tlje ©mteli States! JBisftrirt

^ & 2^

jfor tlie ^otttljern 33(s!tritt of Georgia ^
^tatejfboro liibisfion
DELWIN BERRY,
Petitioner,

CIVIL ACTION NO.: 6:17-cv-46

V.

WARE STATE,

Respondent.

ORDER

After an independent and de novo review of the entire
record, the Court concurs with the Magistrate Judge's Report and

Recommendation, dkt. no. 16, to which Petitioner Delwin Berry

{^'Berry") failed to filed Objections.

Accordingly, the Court

ADOPTS the Magistrate Judge's Report and Recommendation as the

opinion of the Court.

The Court DISMISSES without prejudice

Berry's 28 U.S.C. § 2254 Petition and DISMISSES as moot Berry's
still-pending Motions.

Dkt. Nos. 1, 7, 8, 10, 12.

The Court

DIRECTS the Clerk of Court to CLOSE this case and enter the

appropriate judgment of dismissal.

AO 72A

(Rev. 8/82)

The Court DENIES Berry in forma pauperis status on appeal

and DENIES Berry a Certificate of Appeala^z^lity.

SO ORDERED, this

^ /d^y of /y ^

SA GODBEY WOOD, JUDGE
TEjef STATES DISTRICT COURT
ERN DISTRICT OF GEORGIA

A0 72A

(Rev. 8/82)

2017.