JACKSON v. NELSON

United States District Court for the Southern District of Georgia

JACKSON v. NELSON

Trial Court Opinion

IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF GEORGIA SAVANNAH DIVISION RODERICK BO JACKSON, Petitioner, CIVIL ACTION NO.: 4:22-cv-250 v. WARDEN CYNTHIA NELSON, Respondent. ORDER Before the Court is the Magistrate Judge’s March 17, 2023 Report and Recommendation, (doc. 15), to which no objections have been filed. After a careful de novo review, the Court agrees with the Magistrate Judge’s recommendation. The Court, therefore, ADOPTS the Report and Recommendation, (doc. 15), as the opinion of the Court and DISMISSES without prejudice Petitioner’s Petition for Writ of Habeas Corpus, (doc. 1), as unexhausted. 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

(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.

28 U.S.C. § 1915

(a)(3). The Clerk is DIRECTED to CLOSE this case. SO ORDERED, this 20th day of April, 2023.

R.STANBAKER s—‘i—sCS UNITED STATES DISTRICT JUDGE SOUTHERN DISTRICT OF GEORGIA

Reference

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