MORRIS v. STATE OF GEORGIA

United States District Court for the Southern District of Georgia

MORRIS v. STATE OF GEORGIA

Trial Court Opinion

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF GEORGIA STATESBORO DIVISION

STEVE A. MORRIS, ) Petitioner, CV621-051 STATE OF GEORGIA, Respondent.

ORDER After a careful de novo review of the record in this case, the Court concurs with the Magistrate Judge’s Report and Recommendation (R&R), doc. 30, to which no objections have been filed. Accordingly, the R&R is ADOPTED. To the extent that Morris’ pleading sought habeas relief pursuant to

28 U.S.C. § 2254

, his petition is DISMISSED as successive. Any non- habeas civil claim is DISMISSED, pursuant to the Court’s Order in Morris v. Kitt, CV113-172, doc. 71 (S.D. Ga. Mar. 26, 2015). All remaining motions in this case are DISMISSED as moot. Docs. 7, 8, 10, 13, 14, 20, 21, 22, 28. The Clerk of Court is DIRECTED to CLOSE this case. Applying the Certificate of Appealability (COA) standards set forth in Brown v. United States,

2009 WL 307872

at * 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 either.

28 U.S.C. § 2253

(c)(1); Rule 11(a) of the Rules Governing Habeas Corpus Cases Under

28 U.S.C. § 2254

(“The district court must issue or deny a certificate of appealability when it enters a final order adverse to the

applicant.”) (emphasis added). Any motion for leave to appeal in forma pauperis therefore 1s moot.

ORDER ENTERED at Augusta, Georgia, this- day of March, 2022.

4) P P<, LPS Z a J. RANDAL, HALL, CHIEF JUDG UNITEDSTATES DISTRICT COURT SOUTHERN DISTRICT OF GEORGIA

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