IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF GEORGIA SAVANNAH DIVISION NASH N. TUTEN, Petitioner, CIVIL ACTION NO.: 4:22-cv-92 v. SHERIFF JOHN WILCHER, and DEPUTY POPE, Respondent. ORDER After an independent and de novo review of the entire record, the undersigned concurs with the Magistrate Judge’s Report and Recommendation. (Doc.6.) Petitioner Nash N. Tuten did not file Objections to the Report and Recommendation. Accordingly, the Court ADOPTS the Magistrate Judge’s Report and Recommendation as the opinion of the Court and DISMISSES Tuten’s

Petition. 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,

(Sth 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.

(a)(3). The Court DIRECTS the Clerk of Court to enter the appropriate judgment of dismissal and to CLOSE this case. SO ORDERED, this 28th day of July, 2022. A S pot Ly be

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