Cobble v. Georgia Deparment of Corrections

United States District Court for the Southern District of Georgia

Cobble v. Georgia Deparment of Corrections

Trial Court Opinion

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF GEORGIA STATESBORO DIVISION DANIEL ERIC COBBLE, ) Petitioner, Vv. CV620-1138 COMMISSIONER GEORGIA DEPARTMENT OF ) CORRECTIONS, et al., ) Respondents. ORDER After a careful de novo review of the record in this case, the Court

concurs with the Magistrate Judge’s Report and Recommendation (R&R), (doc. no. 16), to which no objections have been filed. Accordingly, the R&R is ADOPTED. (Doc. no. 16.) Cobble’s

28 U.S.C. § 2241

Petition is DISMISSED. (Doc. no. 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 U.S.C. § 1915

(a)(8). Upon the foregoing, the Court CLOSES this civil action.

ORDER ENTERED at Augusta, Georgia, this Bt) day of

January, 2024. - a yr fom fj J 2 ~

/ J. RAN L, CHIEF JUDGE UNITED STATES DISTRICT COURT \ SOUTHE DISTRICT OF GEORGIA

Reference

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