IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF GEORGIA AUGUSTA DIVISION JAMES HERRING, ) Petitioner, v. CV 122-074 WALTER BERRY, Respondent.

ORDER

On January 26, 2023, the Court adopted the Magistrate Judge’s Report and Recommendation and closed this civil action. After a late received request for an extension of time to file objections to the Report and Recommendation, the Court provided Petitioner until February 21, 2023 to do so. (Doc. nos. 19, 20.) Plaintiff has now submitted his objections to the Report and Recommendation; the Court therefore VACATES the January 26th Adoption Order. (Doc. no. 17.) After a careful, de novo review of the file, the Court concurs with the Magistrate Judge’s Report and Recommendation, to which objections have been filed, (doc. no. 21). In his objections, Petitioner only argues the merits of two of the petition’s grounds and does not present any new, substantive argument on his procedural default. (See id.) Accordingly, the Court OVERRULES the objections, ADOPTS the Report and Recommendation of the Magistrate Judge as its opinion, DENIES the motion to disqualify Respondent, (doc. no. 10),

and DENIES the instant petition, brought pursuant to

, without an evidentiary hearing. Further, a prisoner seeking relief under § 2254 must obtain a certificate of appealability (“COA”) before appealing the denial of his application for a writ of habeas corpus. This Court “must issue or deny a certificate of appealability when it enters a final order adverse to the applicant.” Rule 11(a) to the Rules Governing Section 2254 Proceedings. This Court should grant a COA only if the prisoner makes a “substantial showing of the denial of a constitutional right.”

(c)(2). For the reasons set forth in the Report and Recommendation, and in consideration of the standards enunciated in Slack v. McDaniel,

(2000), Petitioner has failed to make the requisite showing. Accordingly, the Court DENIES

a COA in this case.! Moreover, because there are no non-frivolous issues to raise on appeal, an appeal would not be taken in good faith, and Petitioner is not entitled to appeal in forma pauperis. See

(a)(3). Upon the foregoing, the Court CLOSES this civil action and DIRECTS the Clerk to enter final judgment in favor of Respondent. SO ORDERED this “art. of March, 2023, at Augusta, Georgia.

AL HALL, CHIEF JUDGE STATES DISTRICT COURT SOUTHE DISTRICT OF GEORGIA

“If the court denies a certificate, the parties may not appeal the denial but may seek a certificate from the court of appeals under Federal Rule of Appellate Procedure 22.” Rule 11(a) to the Rules Governing Section 2254 Proceedings.