IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF GEORGIA AUGUSTA DIVISION NIGEL LAWRENCE DALBERT, ) Petitioner, v. CV 123-140 WARDEN AARON PINEIRO, Respondent.

ORDER

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. 13.) Accordingly, the Court ADOPTS the Report and Recommendation of the Magistrate Judge as its opinion, GRANTS Respondent’s motion to dismiss, (doc. no. 8), and DISMISSES the instant petition, brought pursuant to

, as untimely. 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). F or 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 a final judgment in favor of Respondent. SO ORDERED this G Yr. of February, 2024, at Augusta, Georgia.

AY Jy if □□□ gto PL? SS, BLEITIEZ J. RANDAL HALL, CHIEF JUIDGE UNITED STATES DISTRICT COURT SOUTHERN 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.

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