IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF GEORGIA SAVANNAH DIVISION

DWAYNE STOVALL

Petitioner, CIVIL ACTION NO.: 4:20-cv-81

v.

JOHN DOE,

Respondent.

O RDER After an independent and de novo review of the entire record, the undersigned concurs with the Magistrate Judge’s Report and Recommendation. (Doc. 8.) Petitioner Dwayne Stovall did not file Objections to the Report and Recommendation.1 Accordingly, the Court ADOPTS the Magistrate Judge’s Report and Recommendation as the opinion of the Court, DISMISSES Stovall’s Petition, construed as a

petition, (see doc. 8, p. 2), and DIRECTS the Clerk of Court to CLOSE this case and enter the appropriate judgment. Applying the Certificate of Appealability (COA) standards, which are set forth in Brown v. United States,

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.

(c)(1); see Alexander v. Johnson,

(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

1 In fact, the service copy of the Report and Recommendation was returned as undeliverable. (Doc. 9.) Stovall’s failure to notify the Court of any changes to his address provides a separate, independent reason to dismiss his habeas petition. Local R. 11.1 in good faith. Thus, in forma pauperis status on appeal is likewise DENIED.

(a)(3). SO ORDERED, this 28th day of July, 2022.

R. STAN BAKER UNITED STATES DISTRICT JUDGE SOUTHERN DISTRICT OF GEORGIA