IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF GEORGIA MACON DIVISION MANDRIEZ RAMON SPIVEY, Petitioner, v. CIVIL ACTION NO. 5:20-cv-00173-TES UNITED STATES PROBATION DEPARTMENT, Respondent.

ORDER

On June 3, 2020, the Court dismissed Spivey’s Petition for Writ of Habeas Corpus as frivolous after granting him in forma pauperis status. [Doc. 4, p. 5]. Section 2254 Rule 11(a) provides that “[t]he district court must issue or deny a certificate of appealability when it enters a final order adverse to the applicant.”1 Rule 11(a), Rules Governing Section 2254 Cases. A certificate of appealability may issue “only if the applicant has made a substantial showing of the denial of a constitutional right.”

(c)(2). In this case, issuance of a certificate of appealability is not warranted because, for the reasons noted in the Order dismissing Petitioner’s habeas action, it is not debatable

1 “Based on the statutory language of

(c)(1), state prisoners proceeding under § 2241 must obtain a [certificate of appealability] to appeal.” Sawyer v. Holder,

, 1364 n.3 (11th Cir. 2003). among jurists of reason whether the Court abused its discretion in dismissing Petitioner’s action. See [Doc. 4]; Slack v. McDaniel,

, 483–84 (2000).

Accordingly, the Court DENIES Petitioner a certificate of appealability. SO ORDERED, this 27th day of August, 2020.

S/ Tilman E. Self, III TILMAN E. SELF, III, JUDGE UNITED STATES DISTRICT COURT