Cheley v. Hall

United States District Court for the Southern District of Georgia

Cheley v. Hall

Trial Court Opinion

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

SHAN CHELEY,

Petitioner, CIVIL ACTION NO.: 4:21-cv-363

v.

WARDEN PHIL HALL,

Respondent.

O RDER After a careful de novo review, the Court concurs with the Magistrate Judge’s May 17, 2024 Report and Recommendation, (doc. 23), to which no objections have been filed. Accordingly, the Court ADOPTS the Report and Recommendation, (doc. 23), as its opinion. Petitioner’s Petition for Writ of Habeas Corpus is DENIED. (Doc. 1.) 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 □□□□□□ § 1915(a)(3). The Clerk is DIRECTED to CLOSE this case. SO ORDERED, this Sth day of July, 2024.

R. STAN BAKER, CHIEF JUDGE UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF GEORGIA

Reference

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