KOONCE v. ENMONS

United States District Court for the Southern District of Georgia

KOONCE v. ENMONS

Trial Court Opinion

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

NORMAN KOONCE, JR.,

Petitioner, CIVIL ACTION NO.: 4:21-cv-14

v.

SHAWN ENMONS,

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. 22.) Petitioner Norman Koonce, Jr. 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, DISMISSES Koonce’s

28 U.S.C. § 2254

Petition, 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,

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.

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

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

Reference

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