Dunson v. State of Georgia
Dunson v. State of Georgia
Trial Court Opinion
IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF GEORGIA SAVANNAH DIVISION
JOSHUA DUNSON,
Petitioner, CIVIL ACTION NO.: 4:19-cv-311
v.
STATE OF GEORGIA,
Respondent.
O RDE R After a careful de novo review of the entire record in this case, the Court concurs with the Magistrate Judge’s November 26, 2019 Report and Recommendation, to which the petitioner did not file objections. Accordingly, the Court ADOPTS the Report and Recommendation, (doc. 4), as the opinion of the Court, denies petitioner’s motion to proceed in forma pauperis (doc. 3), and DISMISSES Petitioner’s Petition for Writ of Habeas Corpus, (doc. 1). Applying the Certificate of Appealability (COA) standards, which are set forth in Brown v. United States,
2009 WL 307872at * 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 17th day of December, 2020. f S pe L yA
R. STAN BAKER UNITED STATES DISTRICT JUDGE SOUTHERN DISTRICT OF GEORGIA
Reference
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