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

MICHAEL BURRISS,

Petitioner, CIVIL ACTION NO.: 4:23-cv-278

v.

CHATHAM COUNTY SUPERIOR COURT and STATE OF GEORGIA,

Respondents.

O RDE R After a careful de novo review of the entire record, the Court concurs with the Magistrate Judge’s Report and Recommendation, (doc. 5), to which Petitioner Michael Burriss did not object.1 Accordingly, the Court ADOPTS the Magistrate Judge’s Report and Recommendation, (doc. 5) as the opinion of the Court and DISMISSES Burriss’

Petition, (doc. 1). 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

1 The service copy of the Report and Recommendation was returned by the United States Post Office as undeliverable, indicating that Burriss has failed to keep the Court apprised of his current address. See S.D. Ga. L. Civ. R. 11.1. Since, as explained in the Report and Recommendation, his Petition seeks unavailable monetary relief, is explicitly unexhausted, and is barred by Younger abstention, (doc. 5, pp. 3, 6), his noncompliance is moot. would not be taken in good faith. Thus, in forma pauperis status on appeal is likewise DENIED. 28 ULS.C. § 1915(a)(3). The Court DIRECTS the Clerk of Court to CLOSE this case. SO ORDERED, this 27th day of October, 2023.

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